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Act  of  Incorporati 


AND 


ORDINANCES 

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OF  THE 


CHY  OF  BUNKER. HILL, 


ILLINOIS. 


Orgaajti  <  (/  April  /jth.  id/j,  under  the  General  Law  of 

the  State  of  Illinois. 


,  Published  by  Authority  of  the  City  Council, 


BUNKER  HILL,  ILLS, 


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THE 


Act  of  Incorporation 


AND 


ORDINANCES 


OF  THE 


CITY  OF  BUNKER  HILL, 


ILLINOIS. 


Organized  April  iyth ,  iSyj,  'under  the  General  Law  of 

the  State  of  Illinois. 


i , .  ■>*  -j  .  .  •  - 

Published  by  Authority  of  the  City  Council, 


BUNKER  HILL,  ILLS. 


Gazette  Print. 


1873. 


3^2. 6773 


CITY  OFFICERS. 

1873. 


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MAYOR. 

\ 

JAMES  F.  CUMMINGS. 

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AYTIDEElVCEIINr. 

FOR  TWO  YEARS. 

S.  A.  FLETCHER, 

E.  S.  WILLIAMS, 
DAVID  MORRIS. 

FOR  ONE  YEAR. 

II.  H.  BROWN, 

r 

C.  A.  BARTELS, 

SC) 

f0 

JOHN  GOSCH. 

SJ 

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CITY  CLERK. 

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S.  N.  SANFORD. 

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TREASURER. 

JOHN  G.  AUER. 

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CITY  ATTORNEY 

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Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  Illinois  Urbana-Champaign 


https://archive.org/details/actofincorporatiOObunk 


AN  ACT 

To  provide  for  the  Incorporation  of  Cities  and  Villages. 


Section  i  .  Be  it  enacted  by  the  People  of  the  State  of  Illinois ,  rep¬ 
resented  in  the  General  Assembly ,  as  follows  : 

ARTICLE  I. 

OF  THE  ORGANIZATION  OF  CITIES. 

That  any  city  now  existing  in  this  State  may  become  incorporated 
under  this  act  in  manner  following :  Whenever  one-eighth  of  the 
legal  voters  of  such  city,  voting  at  the  last  preceding  municipal  elec¬ 
tion,  shall  petition  the  Mayor  and  Council  thereof  to  submit  the 
question  as  to  whether  such  city  shall  become  incorporated,  under 
this  act,  to  a  vote  of  the  electors  in  such  city,  it  shall  be  the  duty  of 
such  Mayor  and  Council  to  submit  such  question  accordingly,  and  to 
appoint  a  time  and  place,  or  places,  at  which  such  vote  may  be 
taken,  and  to  designate  the  persons  who  shall  act  as  judges  at  such 
election  ;  but  such  question  shall  not  be  submitted  oftener  than  once 
in  four  years. 

Sec.  2.  The  Mayor  of  such  city  shall  give  at  least  thirty  days’ 
notice  of  such  election,  by  publishing  a  notice  thereof  in  one  or  more 
newspapers  within  such  city  ;  but  if  no  newspaper  is  published 
therein,  then  by  posting  at  least  five  copies  of  such  notice  in  each 
ward. 

Sec.  3.  The  ballots  to  be  used  at  such  election  shall  be  in  the 
following  form  :  u  For  city  organization  under  general  law  or, 
“  Against  city  organization  under  general  law.”  The  judges  of  such 
election  shall  make  returns  thereof  to  the  City  Council,  whose  duty 
it  shall  be  to  canvass  such  returns  and  cause  the  result  of  such  can¬ 
vass  to  be  entered  upon  the  records  of  such  city.  If  a  majority  of 
the  votes  cast  at  such  election  shall  be  for  city  organization  under 
general  law,  such  city  shall  thenceforth  be  deemed  to  be  organized 
under  this  act ;  and  the  city  officers  then  in  office  shall,  thereupon, 
exercise  the  powers  conferred  upon  like  officers  in  this  act,  until  their 
successors  shall  be  elected  and  qualified. 


6 


CITY  OF  BUNKER  HILL. 


Sec.  4.  Any  incorporated  town  in  this  State,  having  a  popula¬ 
tion  of  not  less  than  one  thousand  inhabitants,  may  become  incorpo¬ 
rated  as  a  city  in  like  manner  as  hereinbefore  provided  ;  but  in  all 
such  cases  the  President  and  Trustees  of  such  town  shall,  respec¬ 
tively,  perform  the  same  duties  relative  to  such  a  change  of  organi¬ 
zation  as  is  above  required  to  be  performed  by  the  Mayor  and 
Council  of  cities. 

Sec.  5.  Whenever  any  area  of  contiguous  territory  in  this  State, 
not  exceeding  four  square  miles,  shall  have  resident  thereon  a  popu¬ 
lation  of  not  less  than  one  thousand  inhabitants,  which  shall  not 
already  be  included  within  any  incorporated  town  or  city,  the  same 
may  become  incorporated  as  a  city  in  manner  following :  Any  fifty 
legal  voters  thereof  may  file  in  the  office  of  the  clerk  of  the  County 
Court  of  the  county  in  which  such  inhabitants  reside,  a  petition, 
addressed  to  the  judge  of  such  court ;  and  if  the  territory  described  in 
said  petition  shall  be  in  more  than  one  county,  then  the  petition  shall 
be  addressed  to  the  judge  of  the  court  where  a  greater  part  of  such 
territory  is  situated  ;  which  petition  shall  define  the  boundaries  of 
such  proposed  city,  and  state  the  number  of  inhabitants  residing 
within  such  limits,  and  also  state  the  name  of  such  proposed  city, 
and  shall  contain  a  prayer  that  the  question  be  submitted  to  the  legal 
voters  residing  within  such  limits,  whether  they  will  organize  as  a 
city  under  this  act.  It  shall  be  the  duty  of  the  county  judge  to  fix 
a  time  and  place,  within  the  boundaries  of  such  proposed  city,  at 
which  an  election  may  be  held,  to  determine  such  question  ;  and 
such  judge  shall  name  the  person  to  act  as  judges  in  holding  such 
election,  and  shall  give  notice  thereof  by  causing  ten  notices  to  be 
posted  in  public  places  within  such  proposed  city.  And  the  third 
section  of  this  article  shall  be  applicable  to  such  election  :  Provided , 
that  the  returns  of  such  election  shall  be  made  to  and  canvassed  by 
the  County  Judge  and  any  two  Justices  of  the  Peace  whom  he  shall 
call  to  his  assistance,  instead  of  the  City  Council ;  and  the  result  of 
such  election  shall  be  entered  upon  the  records  of  such  County  Court. 
If  a  majority  of  the  votes  cast  at  such  election  shall  be  “For  city 
organization  under  general  law,”  the  inhabitants  of  such  territory, 
described  in  such  petition,  shall  be  deemed  to  be  incorporated  as  a 
city,  under  this  act,  and  with  the  name  stated  in  the  petition. 

Sec.  6.  All  courts  in  this  State  shall  take  judicial  notice  of  the 
existence  of  all  villages  and  cities  organized  under  this  act,  and  of 
the  change  of  the  organization  of  any  town  or  city  from  its  original 
organization  to  its  organization  under  this  act ;  and  from  the  time  of 
such  organization,  or  change  of  organization,  the  provisions  of  this 


CITY  OF  BUNKER  HILL. 


7 


act  shall  be  applicable  to  such  cities  and  villages,  and  all  laws  in 
conflict  therewith  shall  no  longer  be  applicable.  But  all  laws  or 
parts  of  laws  not  inconsistent  with  the  provisions  of  this  act,  shall  con¬ 
tinue  in  force  and  applicable  to  any  such  city  or  village,  the  same  as 
if  such  change  of  organization  had  not  taken  place. 

Sec.  7.  It  shall  be  the  duty  of  the  President  and  Board  of  Trus¬ 
tees  of  any  town  which  shall  have  voted  to  change  its  organization 
to  a  city,  under  this  act,  to  call  and  give  notice  of  an  election  to  elect 
city  officers,  and  to  designate  the  time  and  place  or  places  of  hold¬ 
ing  the  same.  Such  notice  shall  be  published  in  a  newspaper,  if 
there  be  one,  within  the  town,  or  posted  in  ten  public  places,  for  at 
least  twenty  days  before  such  election.  Such  President  and  Trus¬ 
tees  shall  appoint  the  judges  and  clerks  to  hold  such  election,  can¬ 
vass  the  returns  thereof,  and  cause  the  result  to  be  entered  upon  the 
records  of  the  town  ;  and  the  provisions  of  this  act,  relative  to  the 
election  of  city  officers,  shall  be  applicable  thereto  ;  but,  at  such 
election,  aldermen  may  be  elected  on  a  general  ticket. 

Sec.  8.  In  case  of  cities  organizing  under  section  five  (5)  of  this 
article,  the  County  Judge  shall  call  and  give  notice  of  the  election, 
and  perform  the  same  duties  relative  thereto  as  is  above  required  to 
be  performed  by  President  and  Trustees  of  such  town,  and  in  can¬ 
vassing  such  returns  shall  call  to  his  assistance  two  Justices  of  the 
Peace. 

Sec.  9.  The  city  officers  elected  under  either  of  the  preceding 
sections,  shall  hold  their  respective  offices  until  the  next  succeeding 
regular  election  for  such  officers,  respectively,  and  until  their  succes¬ 
sors  are  elected  and  qualified,  as  provided  in  this  act. 

Sec.  10.  Cities  organized  under  this  act  shall  be  bodies  politic 
and  corporate,  under  the  name  and  style  of  “  City  of  (name),”  and 
under  such  name  may  sue  and  be  sued,  contract  and  be  contracted 
with,  acquire  and  hold  real  and  personal  property  for  corporate 
purposes,  have  a  common  seal  and  change  the  same  at  pleasure,  and 
exercise  all  the  powers  hereinafter  conferred. 

Sec.  11.  All  ordinances,  resolutions  and  by-laws,  in  force  in  any 
city  or  town  when  it  shall  organize  under  this  act,  shall  continue  in 
full  force  and  effect  until  repealed  or  amended,  notwithstanding  such 
change  of  organization  ;  and  the  making  of  such  change  of  organi¬ 
zation  shall  not  be  construed  to  effect  a  change  in  the  legal  identity, 
as  a  corporation,  of  such  city  or  town. 

Sec.  12.  All  rights  and  property  of  every  kind  and  description, 
which  were  vested  in  any  municipal  corporation  under  its  former 
organization,  shall  be  deemed  and  held  to  be  vested  in  the  same 


8 


CITY  OF  BUNKER  HILL. 


municipal  incorporation  upon  its  becoming  incorporated  under  the 
provisions  of  this  act,  but  no  rights  or  liabilities,  either  in  favor  of  or 
against  such  corporation,  existing  at  the  time  of  so  becoming  incor¬ 
porated  under  this  act,  and  no  suit  or  prosecution  of  any  kind,  shall 
be  effbcted  by  such  change,  but  the  same  shall  stand  and  progress  as 
if  no  change  had  been  made  :  Provided ,  that  when  a  different  remedy 
is  given  by  this  act,  which  may  properly  be  made  applicable  to  any 
right  existing  at  the  time  of  such  city  so  becoming  incorporated 
under  this  act,  the  same  shall  be  deemed  cumulative  to  the  remedies 
before  provided,  and  used  accordingly. 

Sec.  13.  The  corporate  authorities  of  any  city  or  village  which 
may  become  organized  under  this  act  shall,  within  three  months 
after  organization  hereunder,  caused  to  be  filed  in  the  office  of 
the  Recorder  of  Deeds,  in  the  county  in  which  such  city  or  village 
is  situated,  a  certified  copy  of  the  entry  made  upon  the  records  of 
the  city,  village  or  County  Court,  of  the  canvass  of  the  votes,  show¬ 
ing  the  result  of  such  election,  whereby  such  city  or  village  became 
so  organized — and  such  Recorder  of  Deeds  shall  record  the  same. 
And  such  corporate  authorities  shall  also  cause  a  like  certificate  to 
be  filed  in  the  office  of  the  Secretary  of  State,  who  shall  file  the 
same,  and  keep  a  registry  of  cities  and  villages  organized  under 
this  act. 

ARTICLE  II. 

OF  THE  MAYOR. 

Section  i.  The  chief  executive  officer  of  a  city  shall  be  a 
Mayor,  who  shall  be  a  citizen  of  the  United  States,  a  qualified  elec¬ 
tor,  reside  within  the  city  limits,  and  hold  his  office  for  two  years, 
and  until  his  successor  is  elected  and  qualified. 

Sec.  2.  Whenever  a  vacancy  shall  happen  in  the  office  of  the 
Mayor,  when  the  unexpired  term  shall  be  one  year  or  over  from  the 
date  when  the  vacancy  occurs,  it  shall  be  filled  by  an  election. 

Sec.  3.  If  the  vacancy  is  less  than  one  year,  the  City  Council 
shall  elect  one  of  its  number  to  act  as  Mayor,  who  shall  possess  all 
the  rights  and  powers  of  the  Mayor  until  the  next  annual  election, 
and  until  his  successor  is  elected  and  qualified. 

Sec.  4.  During  a  temporary  absence  or  disability  of  the  Mayor, 
the  City  Council  shall  elect  one  of  its  number  to  act  as  Mayor  pro 
tern.,  who,  during  such  absence  or  disability,  shall  possess  the  powers 
of  Mayor. 

Sec.  5.  If  the  Mayor,  at  any  time  during  the  term  of  his  office, 
shall  remove  from  the  limits  of  the  city,  his  office  shall  thereby 
become  vacant. 


9 


CITY  OF  BUNKER  HILL. 

Sec.  6.  The  Mayor  shall  preside  at  all  meetings  of  the  City 
Council,  but  shall  not  vote  except  in  case  of  a  tie,  when  he  shall 
give  the  casting  vote. 

Sec.  7.  The  Mayor  shall  have  power  to  remove  any  officer 
appointed  by  him,  on  any  former  charge,  whenever  he  shall  be  of 
the  opinion  that  the  interests  of  the  city  demand  such  removal ;  but 
he  shall  report  the  reasons  for  such  removal  to  the  Council  at  its 
next  regular  meeting. 

Sec.  8.  He  may  exercise,  within  the  city  limits,  the  powers  con¬ 
ferred  upon  Sheriffs,  to  suppress  disorder  and  keep  the  peace. 

Sec.  9.  He  may  release  any  person  imprisoned  for  violation  of 
any  city  ordinance,  and  shall  report  such  release,  with  the  cause 
thereof,  to  the  Council  at  its  first  session  thereafter. 

Sec.  10.  He  shall  perform  all  such  duties  as  are  or  may  be  pre¬ 
scribed  by  law  or  by  the  city  ordinances,  and  shall  take  care  that  the 
laws  and  ordinances  are  faithfully  executed. 

Sec.  ti.  He  shall  have  power  at  all  times  to  examine  and  inspect 
the  books,  records  and  papers  of  any  agent,  employee,  or  officer  of  the 
city. 

Sec.  12.  The  Mayor  shall,  annually,  and  from  time  to  time,  give 
the  Council  information  relative  to  the  affairs  of  the  city,  and  shall 
recommend  for  their  consideration  such  measures  as  he  may  deem 
expedient. 

Sec.  13.  He  shall  have  power,  when  necessary,  to  call  on  every 
male  inhabitant  of  the  city  over  the  age  of  eighteen  years,  to  aid  in 
enforcing  the  laws  and  ordinances,  and  to  call  out  the  militia  to  aid 
in  suppressing  riots  and  other  disorderly  conduct,  or  carrying  into 
effect  any  law  or  ordinance,  subject  to  the  authority  of  the  Governor 
as  Commander-in-Chief  of  the  Militia. 

Sec.  14.  In  case  the  Mayor  or  any  other  municipal  officer  shall 
at  any  time  be  guilty  of  a  palpable  omission  of  duty,  or  shall  will¬ 
fully  and  corruptly  be  guilty  of  oppression,  malconduct  or  misfeas¬ 
ance  in  the  discharge  of  the  duties  of  his  office,  he  shall  be  liable  to 
indictment  in  any  court  of  competent  jurisdiction,  and,  on  convic¬ 
tion,  shall  be  fined  in  a  sum  not  exceeding  one  thousand  dollars  ;  and 
the  court  in  which  such  conviction  shall  be  had,  shall  enter  an  order 
removing  such  officer  from  office. 

Sec.  i^.  He  may  appoint,  by  and  with  the  advicej  and  consent 
of  the  City  Council,  immediately  after  such  change  of  organization, 
one  or  more  competent  persons  to  prepare  and  submit  to  the  City 
Council,  for  their  adoption  or  rejection,  an  ordinance  in  revision  of 
the  ordinances  of  such  city,  and  for  the  government  of  such  city,  the 


10 


CITY  OF  BUNKER  HILL. 


compensation  of  such  reviser  or  revisers  to  be  determined  and  fixed 

by  the  City  Council  and  paid  out  of  the  City  Treasury. 

\ 

ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

Section  i.  The  City  Council  shall  consist  of  the  Mayor  and 
Aldermen. 

Sec.  2.  The  number  of  aldermen,  when  not  elected  by  the  min¬ 
ority  representation  plan,  shall  be  as  follows  :  In  cities  not  exceed¬ 
ing  three  thousand  inhabitants,  six  aldermen  ;  exceeding  three  thou¬ 
sand  but  not  exceeding  five  thousand,  eight  aldermen  ;  exceeding 
five  thousand  and  not  exceeding  ten  thousand,  ten  aldermen  ;  exceed¬ 
ing  ten  thousand  and  not  exceeding  thirty  thousand,  fourteen  aider- 
men  ;  and  two  additional  aldermen  for  every  twenty  thousand 
inhabitants  over  thirty  thousand  :  Provided ,  however ,  that  in  cities  of 
over  one  hundred  thousand  (100,000)  inhabitants,  there  shall  be 
elected  thirty-six  aldermen,  and  no  more. 

Sec.  3.  Aldermen  shall  hold  their  office  for  the  term  of  two 
years,  and  until  their  successors  are  elected  and  qualified. 

Sec.  4.  If  any  vacancy  shall  occur  in  the  office  of  alderman  by 
death,  resignation,  removal,  or  otherwise,  such  vacancy  shall  be 
filled  by  election. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  alderman 
unless  he  shall  be  a  qualified  elector,  and  reside  within  the  ward  for 
which  he  is  elected,  nor  shall  he  be  eligible  if  he  is  in  arrears  in  the 
payment  of  any  tax  or  other  liability  due  to  the  city  ;  nor  shall  he  be 
directly  or  indirectly  interested  in  any  contract  whatever  to  which 
the  city  is  a  party  ;  nor  shall  he  be  eligible  if  he  shall  have  been 
convicted  of  malfeasance,  bribery  or  other  corrupt  practices  or 
crimes  ;  nor  shall  he  be  eligible  to  any  office,  the  salary  of  which  is 
payable  out  of  the  city  treasury,  if  at  the  time  of  his  appointment 
he  shall  be  a  member  of  the  City  Council ;  nor  shall  any  member  of 
the  City  Council  at  the  same  time  hold  any  other  office  under  the 
City  Government ;  nor  shall  he  be  either  directly  or  indirectly,  indi¬ 
vidually,  or  as  a  member  of  a  firm,  engaged  in  any  business  trans¬ 
action  (other  than  official)  with  such  city,  through  its  Mayor  or  any 
of  its  authorised  boards,  agents  or  attorneys,  whereby  any  money  is 
to  be  paid,  directly  or  indirectly,  out  of  the  City  Treasury  to  such 
member  or  firms. 

Sec.  6.  The  City  Council  shall  be  judge  of  the  election  and 
qualification  of  its  own  members. 


CITY  OF  BUNKER  HILL. 


11 


Sec.  7.  It  shall  determine  its  own  rules  of  proceeding,  punish 
its  members  for  disorderly  conduct,  and  with  the  concurrence  of  two- 
thirds  of  the  aldermen  elect,  may  expel  a  member,  but  not  a  second 
time  for  the  same  offense  :  Provided ,  that  any  alderman  or  council¬ 
man  who  shall  have  been  convicted  of  bribery  shall  thereby  be 
deemed  to  have  vacated  his  office. 

Sec.  8.  A  majority  of  the  aldermen  elect  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn  from  time 
to  time,  and  may  compel  the  attendance  of  absentees,  under  such 
penalties  as  may  be  prescribed  by  ordinance. 

Sec.  9  The  City  Council  may  prescribe,  by  ordinance,  the  times 
and  places  of  the  meeting  thereof,  and  the  manner  in  which  special 
meetings  thereof  may  be  called. 

Sec.  10.  It  may  elect  a  temporary  chairman  in  the  absence  of 
the  Mayor. 

Sec.  11.  It  shall  sit  with  open  doors. 

Sec.  12.  It  shall  keep  a  journal  of  its  own  proceedings. 

Sec.  13.  The  yeas  and  nays  shall  be  taken  upon  the  passage  of 
all  ordinances,  and  on  all  propositions  to  create  any  liability  against 
the  city,  or  for  the  expenditure  or  appropriation  of  its  money,  and  in 
all  other  cases  at  the  request  of  any  member,  which  shall  be  entered 
on  the  journal  of  its  proceedings  ;  and  the  concurrence  of  a  majority 
of  all  the  members  elected  in  the  City  Council  shall  be  necessary  to 
the  passage  of  any  such  ordinance  or  proposition  :  Provided ,  it  shall 
require  two-thirds  of  all  the  aldermen  elect  to  sell  any  city  or  school 
property. 

Sec.  14.  No  vote  of  the  City  Council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  at  such  special  meeting  there 
be  present  as  large  a  number  of  aldermen  as  were  present  when  such 
vote  was  taken. 

Sec.  15.  Any  report  of  a  committee  of  the  Council  shall  be 
deferred  for  final  action  thereon,  to  the  next  regular  meeting  of  the 
same  after  the  report  is  made,  upon  the  request  of  any  two  aldermen 
present. 

Sec.  16.  The  City  Council  and  Board  of  Trustees  shall  also 
have  jurisdiction  in  and  over  all  places  within  one-half  mile  of  the 
city  or  village  limits,  for  the  purpose  of  enforcing  health  and  quar¬ 
antine  ordinances,  and  regulations  thereof. 

Sec.  17.  The  Mayor  or  any  three  aldermen  may  call  special 
meetings  of  the  City  Council. 

Sec.  18.  All  ordinances  passed  by  the  City  Council  shall,  before 
they  take  effect,  be  deposited  in  the  office  of  the  City  Clerk  ;  and  if 


12 


CITY  OF  BUNKER  HILL. 

the  Mayor  approves  thereof,  he  shall  sign  the  same  ;  and  such  as  he 
shall  not  approve,  he  shall  return  to  the  Council,  with  his  objections 
thereto,  in  writing,  at  the  next  regular  meeting  of  the  Council  occur¬ 
ring  not  less  than  five  days  after  the  passage  thereof.  Such  veto 
may  extend  to  any  one  or  more  items  or  appropriations  contained  in 
any  ordinance  making  an  appropriation,  or  to  the  entire  ordinance  ; 
and  in  case  the  veto  only  extends  to  a  part  of  such  ordinance,  the 
residue  thereof  shall  take  effect  and  be  in  force.  But  in  case  the 
Mayor  shall  fail  to  return  any  ordinance,  with  his  objections  thereto, 
by  the  time  aforesaid,  he  shall  be  deemed  to  have  approved  such 
ordinance,  and  the  same  shall  take  effect  accordingly. 

Sec.  19.  Upon  the  return  of  any  ordinance  by  the  Mayor,  the 
vote  by  which  the  same  was  passed  shall  be  reconsidered  by  the 
Council  ;  and  if,  after  such  reconsideration,  two-thirds  of  all  the 
members  elected  to  the  City  Council  shall  agree,  by  yeas  and  nays, 
to  pass  the  same,  it  shall  go  into  effect,  notwithstanding  the  Mayor 
may  refuse  to  approve  thereof.  The  vote  to  pass  the  same  over  the 
Mayor’s  veto  shall  be  taken  by  yeas  and  nays,  and  entered  on  the 
journal. 

ARTICLE  IY. 

ELECTIONS. 

Section  i.  A  general  election  for  city  officers  shall  be  held  on 
the  third  Tuesday  of  April  of  each  year. 

Sec.  2.  At  the  general  election  held  in  eighteen  hundred  and 
seventy -three,  and  biennially  thereafter,  a  Mayor  shall  be  elected  in 
each  city. 

.  Sec.  3.  All  persons  entitled  to  vote  at  any  general  election  for 
State  officers  within  any  city  or  village,  having  resided  therein  thirty 
days  next  preceding  thereto,  may  vote  at  any  election  for  city  or 
village  officers. 

Sec.  4.  The  City  Council  may,  from  time  to  time,  divide  the 
city  into  one-half  as  many  wards  as  the  total  number  of  aldermen  to 
which  the  city  is  entitled,  and  one  alderman  shall,  annually,  be 
elected  in  and  for  each  ward,  to  hold  his  office  for  two  years,  and 
until  his  successor  is  elected  and  qualified.  In  the  formation  of 
wards,  the  population  of  each  shall  be  as  nearly  equal,  and  the  ward 
shall  be  of  as  compact  and  contiguous  territory  as  practicable. 

Sec.  5.  At  the  first  election  under  this  act,  there  shall  be  elected 
the  full  number  of  aldermen  to  which  the  city  shall  be  entitled.  At 
the  first  meeting  of  the  City  Council  after  such  election,  the  aider- 
men  elected  shall  be  divided,  by  lot,  into  two  classes  :  those  of  the 


OITY  OF  BUNKER  HILL. 


13 


first-class  shall  continue  in  office  for  one  year,  and  those  of  the  second 
class  for  two  years.  And  upon  any  increase  of  the  number  of  aider- 
men  at  their  first  election,  one-half  shall  be  elected  for  one  year,  and 
one-half  for  two  years. 

Sec.  6.  Whenever  this  act  shall  be  submitted  to  the  qualified 
electors  of  any  city  for  adoption,  there  shall  be  submitted  at  the  same 
time  for  adoption  or  rejection  the  question  of  “  minority  representa¬ 
tion  ”  in  the  City  Council  or  legislative  authority  of  such  city.  .At 
the  said  election  the  ballot  shall  be  in  the  following  form  :  u  For 
minority  representation  in  the  City  Council/’  or  u  Against  minority 
representation  in  the  City  Council.”  The  judges  of  such  election 
shall  make  returns  thereof  to  the  City  Council,  whose  duty  it  shall 
be  to  canvass  such  returns  and  to  cause  the  result  of  such  canvass  to 
be  entered  on  the  records  of  such  city.  If  a  majority  of  the  votes 
cast  at  such  election  shall  be  u  For  equal  representation  in  the  Cit\~- 
Council,”  then  the  members  of  the  City  Council  or  legislative 
authority  of  such  city  shall  be  thereafter  elected  in  the  following 
manner  :  The  City  Council  or  legislative  authority  of  such  city,  at 
least  one  month  before  the  general  election  in  the  year  in  which  this 
act  shall  take  effect  in  such  city,  shall  apportion  such  city  by  divid¬ 
ing  the  population  thereof,  as  ascertained  by  the  last  federal  census, 
by  any  number  not  less  than  two  nor  more  than  six,  and  the  quotient 
shall  be  the  ratio  of  representation  in  the  City  Council.  Districts 
shall  be  formed  of  contiguous  and  compact  territory,  and  contain,  as 
nearly  as  practicable,  an  equal  number  of  inhabitants. 

Sec.  7.  Every  district  shall  be  entitled  to  six  aldermen.  At  the 
first  meeting  of  the  City  Council  after  such  election,  the  aldermen  elect¬ 
ed  shall  be  divided  by  lot  into  two  classes,  the  three  receiving  the  lowest 
number  of  votes  in  the  election  to  constitute  the  first  class,  and  the 
three  receiving  the  highest  number  of  votes  to  constitute  the  second 
class.  Those  of  the  first  class  shall  continue  in  office  for  one  year, 
and  those  of  the  second  class  for  two  years  ;  and  upon  any  increase 
of  the  number  of  aldermen  at  their  first  election,  one-half  shall  be 
elected  for  one  year,  and  one-half  for  two  years.  Vacancies  occur¬ 
ring  by  the  expiration  of  term  shall  be  filled  by  the  election  of  aider- 
men  for  the  full  term  of  two  years.  Vacancies  arising  from  any 
other  cause  than  the  expiration  of  term,  shall  be  filled  at  an  election 
to  be  held  by  the  voters  of  the  district  in  which  such  vacancy  shall 
occur,  at  the  time  designated  by  the  City  Council.  In  all  elections 
for  aldermen,  aforesaid,  each  qualified  voter  may  cast  as  many  votes 

as  there  are  aldermen  to  be*  elected,  or  may  distribute  the  same,  or 
2 


14 


CITY  OF  BUNKER  HILL. 


equal  parts  thereof,  among  the  candidates,  as  he  shall  see  fit,  and  the 
candidates  highest  in  votes  shall  be  declared  elected. 

Sec.  8.  If  a  majority  of  the  votes  cast  at  such  election  shall  be 
u  against  minority  representation  in  the  City  Council,”  the  preceding 
section  shall  be  null  and  void,  so  far  as  it  relates  to  such  city  at  such 
election,  and  the  aldermen  of  such  city  shall  be  elected  as  otherwise 
provided  for  in  this  act. 

Sec.  9.  The  City  Council  shall  designate  the  place  or  places  in 
which  the  election  shall  be  held,  and  appoint  the  judges  and  clerks 
thereof,  and  cause  notice  to  be  printed  in  some  newspaper  published 
in  such  city,  if  there  be  one,  or  posted  at  each  voting  place  in  such 
city,  of  the  time,  places  of  election,  and  of  the  officers  to  be  elected, 
for  at  least  twenty  days  prior  to  such  election. 

Sec.  10.  The  manner  of  conducting  and  voting  at  elections  to  be 
held  under  this  act,  and  contesting  the  same,  the  keeping  of  poll  lists 
and  canvassing  the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as 
in  the  case  of  the  election  of  county  officers,  under  the  general  laws 
of  this  State.  The  judges  of  election  shall  appoint  clerks,  when 
necessary  to  fill  vacancies,  and  the  judges  and  clerks  shall  take  the 
some  oath  and  have  the  same  powers  and  authority  as  the  judges 
and  clerks  of  general  State  elections.  After  the  closing  of  the  polls, 
the  ballots  shall  be  counted  and  the  returns  made  out  and  returned, 
under  seal,  to  the  city  or  village  clerk,  as  the  case  may  be,  within 
two  days  after  the  election  ;  and,  thereupon,  the  City  Council  or 
Board  of  Trustees,  as  the  case  may  be,  shall  examine  and  canvass 
the  same  and  declare  the  result  of  the  election,  and  cause  a  state¬ 
ment  thereof  to  be  entered  upon  its  journal. 

Sec.  11.  The  person  having  the  highest  number  of  votes,  for  any 
office,  shall  be  declared  elected.  In  case  of  a  tie  in  the  election  of 
any  city  or  village  officer,  it  shall  be  determined  by  lot,  in  presence 
of  the  City  Council  or  Board  of  Trustees,  in  such  manner  as  they 
shall  direct,  which  candidate  or  candidates  shall  hold  the  office. 

Sec.  12.  It  shall  be  the  duty  of  the  village  or  City  Clerk,  within 
five  days  after  the  result  of  the  election  is  declared  or  appointment 
made,  to  notify  all  persons  elected  or  appointed  to  office  of  their 
election  or  appointment,  and  unless  such  persons  shall  respectively 
qualify  in  ten  days  after  such  notice,  the  office  shall  become  vacant. 

Sec.  13.  If,  for  any  cause,  there  shall  not  be  a  quorum  in  office 
of  the  City  Council  or  Board  of  Trustees,  the  Mayor,  clerk,  or  any 
alderman  or  trustee,  as  the  case  may  be,  may  appoint  the  time  and 
place  for  holding  a  special  election  to  supply  such  vacancy  and  give 
notice  and  appoint  the  judges  thereof.  • 


CITY  OF  BUNKER  HILL. 


15 


Sec.  14.  If  there  is  a  failure  to  elect  any  officer  herein  required 
to  be  elected,  or  the  person  elected  should  fail  to  qualify,  the  City 
Council  or  Board  of  Trustees  may  forthwith  order  a  new  election 
therefor  ;  and  in  all  cases,  when  necessary  for  the  purposes  of  this 
act,  may  call  special  elections,  appoint  judges  and  clerks  thereof, 
canvass  the  returns  thereof,  and  provide  by  ordinance  for  the  mode 
of  conducting  the  same  ;  and  shall  give  notice  of  such  special  elec¬ 
tions,  in  which  shall  be  stated  the  questions  to  be  voted  upon,  and 
cause  such  notices  to  be  published  or  posted  for  the  same  length  of 
time  and  in  the  same  manner  as  is  required  in  the  case  of  regular 
annual  elections  in  such  cities  or  villages. 

ARTICLE  Y. 

OF  THE  POWERS  OF  THE  CITY  COUNCIL. 

Section  i.  The  City  Council  in  cities,  and  President  and  the 
Board  of  Trustees  in  villages,  shall  have  the  following  powers  : 

First — To  control  the  finances  and  property  of  the  corporation. 

Second — To  appropriate  money  for  corporate  purposes  only,  and 
provide  for  payment  of  debts  and  expenses  of  the  corporation. 

Third — To  levy  and  collect  taxes  for  general  and  special  purposes 
on  real  and  personal  property. 

Fourth — To  fix  the  amount,  terms  and  manner  of  issuing  and 
revoking  licenses. 

Fifth — To  borrow  money  on  the  credit  of  the  corporation  for  cor¬ 
porate  purposes,  and  issue  bonds  therefor,  in  such  amounts  and  form, 
and  on  such  conditions  as  it  shall  prescribe,  but  shall  not  become 
indebted  in  any  manner  or  for  any  purpose  to  an  amount,  including 
existing  indebtedness,  in  the  aggregate  to  exceed  five  (5)  per  centum 
on  the  value  of  the  taxable  property  therein,  to  be  ascertained  by  the 
last  assessment  for  State  and  county  taxes  previous  to  the  incurring 
of  such  indebtedness  ;  and  before  or  at  the  time  of  incurring  any 
indebtedness,  shall  provide  for  the  collection  of  a  direct  annual  tax, 
sufficient  to  pay  the  interest  on  such  debt  as  it  falls  due,  and  also  to 
pay  and  discharge  the  principal  thereof  within  twenty  years  after 
contracting  the  same. 

Sixth — To  issue  bonds  in  place  of  or  to  supply  means  to  meet 
maturing  bonds,  or  for  the  consolidation  or  funding  of  the  same. 

Seventh — To  lay  out,  establish,  open,  alter,  widen,  extend,  grade, 
pave  or  otherwise  improve  streets,  alleys,  avenues,  sidewalks, 
wharves,  parks  and  public  grounds,  and  vacate  the  same. 

Eighth — To  plant  trees  upon  the  same. 

Ninth — To  regulate  the  use  of  the  same. 


16 


CITY  OF  BUNKER  HILL.  . 


Tenth — To  prevent  and  remove  encroachments  or  obstructions 
upon  the  same. 

Eleventh — To  provide  for  the  lighting  of  the  same. 

Twelfth — To  provide  for  the  cleansing  of  the  same. 

Thirteenth — To  regulate  the  openings  therein  for  the  laying  of  gas 
or  water  mains  and  pipes,  and  the  building  and  repairing  of  sewers, 
tunnels  and  drains,  and  erecting  gaslights  :  Provided ,  however ,  that 
any  company  heretofore  organized  under  the  general  laws  of  this 
State,  or  any  association  of  persons  organized,  or  which  may  be 
hereafter  organized  for  the  purpose  of  manufacturing  illuminating 
gas  to  supply  cities  or  villages,  or  the  inhabitants  thereof,  with  the 
same,  shall  have  the  right,  by  consent  of  the  Common  Council  (sub¬ 
ject  to  existing  rights),  to  erect  gas  factories,  and  lay  down  pipes  in 
the  streets  or  alleys  of  any  city  or  village  in  this  State,  subject  to 
such  regulations  as  any  such  city  or  village  may  by  ordinance  impose. 

Fourteenth — To  regulate  the  use  of  sidewalks  and  all  structures 
thereunder  ;  and  to  require  the  owner  or  occupant  of  any  premises 
to  keep  the  sidewalks  in  front  of,  or  along  the  same,  free  from  snow 
and  other  obstructions. 

Fifteenth — To  regulate  and  prevent  the  throwing  or  depositing  of 
ashes,  offal,  dirt,  garbage  or  any  offensive  matter  in,  and  to  prevent 
injury  to,  any  street,  avenue,  alley  or  public  ground. 

Sixteenth — To  provide  for  and  regulate  cross-walks,  curbs  and 
gutters. 

Seventeenth — To  regulate  and  prevent  the  use  of  streets,  sidewalks 
and  public  grounds  for  signs,  sign-posts,  awnings,  awning-posts,  tele¬ 
graph  poles,  horse-troughs,  racks,  posting  handbills  and  advertise¬ 
ments. 

Eighteenth — To  regulate  and  prohibit  the  exhibition  or  carrying  of 
banners,  placards,  advertisements  or  handbills  in  the  streets  or  public 
grounds,  or  upon  the  sidewalks. 

Nineteenth — To  regulate  and  prevent  the  flying  of  flags,  banners 
or  signs  across  the  streets  or  from  houses. 

Twentieth — To  regulate  traffic  and  sales  upon  the  streets,  side¬ 
walks  and  public  places. 

'Twenty-first — To  regulate  the  speed  of  horses  and  other  animals, 
vehicles,  cars  and  locomotives  within  the  limits  of  the  corporation. 

Twenty-second — To  regulate  the  numbering  of  houses  and  lots. 

Twenty-third — To  name  and  change  the  name  of  any  street, 
avenue,  alley,  or  other  public  place. 

Twenty-fourth — To  permit,  regulate  or  prohibit  the  locating,  con¬ 
structing  or  laying  a  tract  of  any  horse  railroad  in  any  street,  alley  or 


CITY  OF  BUNKER  HILL. 


17 


public  place ;  but  such  permission  shall  not  be  for  a  longer  time 
than  twenty  years. 

Twenty-fifth — To  provide  for  and  change  the  location,  grade  and 
crossings  of  any  railroad. 

Twenty-sixth — To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle-guards,  crossings  of  streets  and  public  roads,  and  keep  the 
same  in  repair,  within  the  limits  of  the  corporation.  In  case  any 
railroad  company  shall  fail  to  comply  with  any  such  ordinance,  it 
shall  be  liable  for  all  damages  the  owner  of  any  cattle  or  horses,  or 
other  domestic  animal,  may  sustain,  by  reason  of  injuries  thereto 
while  on  the  track  of  such  railroad,  in  like  manner  and  extent  as 
under  the  general  laws  of  this  State,  relative  to  the  fencing  of  rail¬ 
roads  ;  and  actions  to  recover  such  damages  may  be  instituted  before 
any  Justice  of  the  Peace,  or  other  court  of  competent  jurisdiction. 

Twenty-seventh — To  require  railroad  companies  to  keep  flagmen  at 
railroad  crossings  of  streets,  and  provide  protection  against  injury  to 
persons  and  property  in  the  use  of  such  railroads.  To  compel  such 
railroad  to  raise  or  lower  their  railroad  tracks  to  conform  to  any 
grade  which  may,  at  any  time,  be  established  by  such  city,  and 
where  such  tracks  run  lengthwise  of  any  such  street,  alley  or  high¬ 
way,  to  keep  their  railroad  tracks  on  a  level  with  the  street  surface, 
and  so  that  such  tracks  may  be  crossed  at  any  place  on  such  street, 
alley  or  highway.  To  compel  and  require  railroad  companies  to 
make  and  keep  open  and  to  keep  in  repair  ditches,  drains,  sewers 
and  culverts  along  and  under  their  railroad  tracks,  so  that  filthy  or 
stagnant  pools  of  water  cannot  stand  on  their  grounds  or  right  of 
way,  and  so  that  the  natural  drainage  of  adjacent  property  shall  not 
be  impeded. 

Twenty-eighth — To  construct  and  keep  in  repair  bridges,  viaducts 
and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth — To  construct  and  keep  in  repair  culverts,  drains, 
sewers  and  cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth — To  deepen,  widen,  dock,  cover,  wall,  alter  or  change 
the  channel  of  water-courses. 

Thirty-first — To  construct  and  keep  in  repair  canals  and  slips  for 
the  accommodation  of  commerce. 

Thirty-second — To  erect  and  keep  in  repair  public  landing  places, 
wharves,  docks  and  levees. 

Thirty-third — To  regulate  and  control  the  use  of  public  and  private 
landing  places,  wharves,  docks  and  levees. 

Thirty-fourth — To  control  and  regulate  the  anchorage,  moorage 


18 


CITY  OF  BUNKER  HILL. 


and  landing  of  all  water-craft  and  their  cargoes  within  the  jurisdic¬ 
tion  of  the  corporation. 

Thirty-fifth — To  license,  regulate  and  prohibit  wharfboats,  tugs 
and  other  boats  used  about  the  harbor  or  within  such  jurisdiction. 

Thirty-sixth — To  fix  the  rate  of  wharfage  and  dockage. 

Thirty-seventh — To  collect  wharfage  and  dockage  from  all  boats, 
rafts  or  other  craft  landing  at  or  using  any  public  landing  place, 
wharf,  dock  or  levee  within  the  limits  of  the  corporation. 

Thirty-eighth — To  make  regulations  in  regard  to  the  use  of  harbors, 
towing  of  vessels,  opening  and  passing  of  bridges. 

Thirty-ninth — To  appoint  harbor-masters,  and  define  their  duties. 

Fortieth — To  provide  for  the  cleansing  and  purification  of  waters, 
water-courses  and  canals,  and  the  draining  or  filling  of  ponds  on 
private  property,  whenever  necessary  to  prevent  or  abate  nuisances. 

Forty-first — To  license,  tax,  regulate,  suppress  and  prohibit  hawk¬ 
ers,  peddlers,  pawnbrokers,  keepers  of  ordinaries,  theatrical  and 
other  exhibitions,  shows  and  amusements,  and  to  revoke  such  license 
at  pleasure. 

Forty-second- — To  license,  tax  and  regulate  hackmen,  draymen, 
omnibus-drivers,  carters,  cabmen,  porters,  express-men,  and  all 
others  pursuing  like  occupations,  and  to  prescribe  their  compensa¬ 
tion. 

Forty-third — To  license,  regulate,  tax  and  restrain  runners  for 
stages,  cars,  public  houses,  or  other  things  or  persons. 

Forty-fourth — To  license,  regulate,  tax  or  prohibit  and  suppress 
billiard,  bagatelle,  pigeon-hole  or  any  other  tables  or  implements 
kept  or  used  for  a  similar  purpose  in  any  place  of  public  resort,  pin- 
alleys  and  ball-alleys. 

Forty-fifth — To  suppress  bawdy  and  disorderly  houses,  houses  of 
ill-fame  or  assignation,  within  the  limits  of  the  city,  and  within  three 
miles  of  the  outer  boundaries  of  the  city  ;  and  also  to  suppress  gam¬ 
ing  and  gambling  houses,  lotteries,  and  all  fraudulent  devices  and 
practices  for  the  purpose  of  gaming  or  obtaining  money  or  property  ; 
and  to  prohibit  the  sale  or  exhibition  of  obscene  or  immoral  publi¬ 
cations,  prints,  pictures  or  illustrations. 

Forty-sixth — To  license,  regulate  and  prohibit  the  selling  or  giving 
away  of  any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor, 
the  license  not  to  extend  beyond  the  municipal  year  in  which  it  shall 
be  granted,  and  to  determine  the  amount  to  be  paid  for  such  license  : 
Provided ,  that  the  City  Council  in  cities,  or  President  and  Board  of 
Trustees  in  villages,  may  grant  permits  to  druggists  for  the  sale  of 
liquors  for  medicinal,  mechanical,  sacramental  and  chemical  pur- 


CITY  OF  BUNKER  HILL. 


19 


poses  only,  subject  to  forfeiture,  and  under  such  restrictions  and  reg¬ 
ulations  as  may  be  provided  by  ordinance  :  Provided,  further,  that  in 
granting  licenses  such  corporate  authorities  shall  comply  with  what¬ 
ever  general  law  of  the  State  may  be  in  force  relative  to  the  granting 
of  licenses. 

Po?'ty-seventh — The  foregoing  shall  not  be  construed  to  effect  the 
provisions  of  the  charter  of  any  literary  institution  heretofore  granted. 

Forty-eighth — -And  the  City  Council  in  cities,  and  President  and 
Board  of  Trustees  in  villages,  shall  also  have  the  power  to  forbid 
and  punish  the  selling  or  giving  away  of  any  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquor  to  any  minor,  apprentice  or  ser¬ 
vant,  or  insane,  idiotic  or  distracted  person,  habitual  drunkard,  or 
person  intoxicated. 

Forty-ninth — To  establish  markets  and  market-houses,  and  provide 
for  the  regulation  and  use  thereof. 

Fiftieth — To  regulate  the  sale  of  meats,  poultry,  fish,  butter, 
cheese,  lard,  vegetables,  and  all  other  provisions,  and  to  provide  for 
place  and  manner  of  selling  the  same. 

Fifty-first — To  prevent  and  punisn  forestalling  and  regrating. 

Fifty-second — To  regulate  the  sale  of  bread  in  the  city  or  village  ; 
prescribe  the  weight  and  quality  of  the  bread  in  the  loaf. 

Fifty-third — To  provide  for  and  regulate  the  inspection  of  meats, 
poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,  tobacco,  flour, 
meal  and  other  provisions. 

Fifty-fourth — To  regulate  the  inspection,  weighing  and  measuring 
of  brick,  lumber,  fire-wood,  coal,  hay,  and  any  article  of  mer¬ 
chandise. 

0 

Fifty-fifth — To  provide  for  the  inspection  and  sealing  of  weights 
and  measures. 

Fifty-sixth — To  enforce  the  keeping  and  use  of  proper  weights 
and  measures  by  vendors. 

Fifty-seventh — To  regulate  the  construction,  repairs  and  use  of 
vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and  gutters. 

Fifty-eighth — To  regulate  places  of  amusement. 

Fifty-ninth — To  prevent  intoxication,  fighting,  quarreling,  dog¬ 
fights,  cock-fights,  and  all  disorderly  conduct. 

Sixtieth — To  regulate  partition  fences  and  party  walls. 

Sixty-first — To  prescribe  the  thickness,  strength  and  manner  of 
constructing  stone,  brick  and  other  buildings,  and  construction  of 
fire  escapes  therein. 

Sixty-second — The  City  Council  and  the  President  and  Trustees  in 
villages,  for  the  purpose  of  guarding  against  the  calamities  of  fire, 


20 


CITY  OF  BUNKER  HILL. 


shall  have  power  to  prescribe  the  limits  within  which  wooden  build¬ 
ings  shall  not  be  erected  or  placed  or  repaired,  without  permission, 
and  to  direct  that  all  and  any  buildings  within  the  fire  limits,  when 
the  same  shall  have  been  damaged  by  fire,  decay  or  otherwise,  to  the 
extent  of  fifty  per  cent,  of  the  value,  shall  be  torn  down  or  removed, 
and  to  prescribe  the  manner  of  ascertaining  such  damage. 

Sixty-third- — To  prevent  the  dangerous  construction  and  condition 
of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens,  boilers 
and  apparatus  used  in  and  about  any  building  and  manufactory,  and 
to  cause  the  same  to  be  removed  or  placed  in  a  safe  condition,  when 
considered  dangerous.  To  regulate  and  prevent  the  carrying  on  of 
manufactories,  dangerous  in  causing  and  promoting  fires.  To  pre¬ 
vent  the  deposit  of  ashes  in  unsafe  places,  and  to  cause  all  such 
buildings  and  inclosures  as  may  be  in  a  dangerous  state  to  be  put  in 
a  safe  condition. 

Sixty-fourth — To  erect  engine-houses,  and  provide  fire-engines, 
hose-carts,  hooks  and  ladders,  and  other  implements  for  prevention 
and  extinguishment  of  fires,  and  provide  for  the  use  and  manage¬ 
ment  of  the  same  by  voluntary  fire-companies  or  otherwise. 

Sixty-fifth — To  regulate  and  prevent  storage  of  gunpowder,  tar, 
pitch,  resin,  coal-oil,  benzine,  turpentine,  hemp,  cotton,  nitro-glycer- 
ine,  petroleum,  or  any  of  the  products  thereof,  and  other  combusti¬ 
ble  or  explosive  material,  and  the  use  of  lights  in  stables,  shops  and 
other  places,  and  the  building  of  bonfires ;  also  to  regulate  and 
restrain  the  use  of  fireworks,  firecrackers,  torpedoes,  Roman  can¬ 
dles,  skyrockets,  and  other  pyrotechnic  displays. 

Sixty-sixth — To  regulate  the  police  of  the  city  or  village,  and  pass 
and  enforce  all  necessary  police  ordinances. 

Sixty-seventh — To  provide  for  the  inspection  of  steam-boilers. 

Sixty-eighth — To  prescribe  the  duties  and  powers  of  a  Superin¬ 
tendent  of  Police,  policemen  and  watchmen. 

Sixty-ninth — To  establish  and  erect  calabooses,  bridewells,  houses 
of  correction  and  workhouses,  for  the  reformation  and  confinement 
of  vagrants,  idle  and  disorderly  persons,  and  persons  convicted  of 
violating  any  city  or  village  ordinance,  and  make  rules  and  regula¬ 
tions  for  the  government  of  the  same,  and  appoint  necessary  keepers 
and  assistants. 

Seventieth — To  use  the  County  Jail  for  the  confinement  or  punish¬ 
ment  of  offenders,  subject  to  such  conditions  as  are  imposed  by  law, 
and  with  the  consent  of  the  County  Board. 

Seventy-first — To  provide  by  ordinance  in  regard  to  the  relation 


CITY  OF  BUNKER  HILL.  21 

between  all  the  officers  and  employees  of  the  corporation  in  respect 
to  each  other,  the  corporation  and  the  people. 

Seventy-second- — To  prevent  and  suppress  riots,  routs,  affrays, 
noises,  disturbances,  disorderly  assemblies  in  any  public  or  private 
place. 

Seventy-third — To  prohibit  and  punish  cruelty  to  animals. 

Seventy-fourth — To  restrain  and  punish  vagrants,  mendicants  and 
prostitutes. 

Seventy-fifth — To  declare  what  shall  be  a  nuisance,  and  to  abate 
the  same  ;  and  to  impose  tines  upon  parties  who  may  create,  con¬ 
tinue  or  suffer  nuisances  to  exist. 

Seventy-sixth — To  appoint  a  Board  of  Health,  and  prescribe  its 
powers  and  duties. 

Seventy-seventh — To  erect  and  establish  hospitals  and  medical  dis¬ 
pensaries,  and  control  and  regulate  the  same. 

Seventy-eighth — To  do  all  acts,  make  all  regulations  which  may  be 
necessary  or  expedient  for  the  promotion  of  health  or  the  suppres¬ 
sion  of  disease. 

Seventy-ninth — To  establish  and  regulate  cemeteries,  within  or 
without  the  corporation,  and  acquire  lands  therefor,  by  purchase  or 
otherwise,  and  cause  cemeteries  to  be  removed,  and  prohibit  their 
establishment  within  one  mile  of  the  corporation. 

Eightieth — To  regulate,  restrain  and  prohibit  the  running  at  large 
of  horses,  cattle,  swine,  sheep,  goats,  geese  and  dogs,  and  to  impose 
a  tax  on  dogs. 

Eighty-first — To  direct  the  location  and  regulate  the  management 
and  construction  of  packing-houses,  renderies,  tallow  chandleries, 
bone-factories,  soap-factories  and  tanneries,  within  the  limits  of  the 
city  or  village,  and  within  the  distance  of  one  mile  without  the  city 
or  village  limits. 

Eighty-second — To  direct  the  location  and  regulate  the  use  and 
construction  of  breweries,  distilleries,  livery-stables,  blacksmith 
shops  and  founderies  within  the  limits  of  the  city  or  village. 

Eighty-third — To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  within  or  within  one  mile  of  the  limits  of  the  cor¬ 
poration. 

Eighty-fourth — To  compel  the  owner  of  any  grocery,  cellar,  soap 
or  tallow-chandlery,  tannery,  stable,  pig-sty,  privy,  sewer  or  other 
unwholesome  or  nauseous  house  or  place,  to  cleanse,  abate  or  remove 
the  same,  and  to  regulate  the  location  thereof. 

Eighty-fifth — The  City  Council  or  Trustees  of  a  village  shall  have 

power  to  provide  for  the  taking  of  the  city  or  village  census  ;  but 
3 


22 


CITY  OF  BUNKER  HILL. 

no  city  or  village  census  shall  be  taken  by  authority  of  the  Council 
or  Trustees  oftener  than  once  in  three  years. 

Eighty-sixth — To  provide  for  the  erection  and  care  of  all  public 
buildings  necessary  for  the  use  of  the  city  or  village. 

Eighty-seventh — To  establish  ferries,  toll-bridges,  and  license  and 
regulate  the  same,  and,  from  time  to  time,  fix  tolls  thereon. 

Eighty-eighth — To  authorize  the  construction  of  mills,  mill-races 
and  feeders  on,  through  or  across  the  streets  of  the  city  or  village,  at 
such  places  and  under  such  restrictions  as  they  shall  deem  proper. 

Eighty-ninth — The  City  Council  shall  have  power,  by  condemna¬ 
tion  or  otherwise,  to  extend  any  street,  alley  or  highway  over  or 
across,  or  to  construct  any  sewer  under  or  through  any  railroad 
track,  right  of  way,  or  land  of  any  railroad  company  (within  the 
corporate  limits)  ;  but  where  no  compensation  is  made  to  such  rail¬ 
road  company,  the  city  shall  restore  such  railroad  track,  right  ot 
way  or  land  to  its  former  state,  or  in  a  sufficient  manner  not  to  have 
impaired  its  usefulness. 

Ninetieth — The  City  Council  or  Board  of  Trustees  shall  have  no 
power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  railroad 
tracks  in  any  street  of  the  city,  to  any  steam  or  horse-railroad  com¬ 
pany,  except  upon  a  petition  of  the  owners  of  the  land  representing 
more  than  one-half  of  the  frontage  of  the  street,  or  so  much  thereof 
as  is  sought  to  be  used  for  railroad  purposes. 

Ninety-first- — To  tax,  license  and  regulate  auctioneers,  distillers, 
brewers,  lumber-yards,  livery  stables,  public  scales,  money  changers 
and  brokers. 

Ninety-second — To  prevent  and  regulate  the  rolling  of  hoops,  play¬ 
ing  of  ball,  flying  of  kites,  or  any  other  amusement  or  practice 
having  a  tendency  to  annoy  persons  passing  in  the  streets  or  on  the 
sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third- — To  regulate  and  prohibit  the  keeping  of  any  lum¬ 
ber-yard,  and  the  placing  or  piling  or  selling  any  lumber,  timber, 
wood  or  other  combustible  material,  within  the  fire  limits  of  the  city. 

Ninety-fourth — To  provide,  by  ordinance,  that  all  the  paper,  print¬ 
ing,  stationery,  blanks,  fuel,  and  all  the  supplies  needed  for  the  use 
of  the  city,  shall  be  furnished  by  contract,  let  to  the  lowest  bidder. 

Ninety-fifth — To  tax,  license  and  regulate  second-hand  and  junk 
stores,  and  to  forbid  their  purchasing  or  receiving  from  minors, 
without  the  written  consent  of  their  parents  or  guardians,  any  article 
whatsoever. 

Ninety-sixth — To  pass  all  ordinances,  rules,  and  make  all  regula¬ 
tions,  proper  or  necessary,  to  carry  into  effect  the  powers  granted  to 


CITY  OF  BUNKER  HILL. 


23 


cities  or  villages,  with  such  fines  or  penalties  as  the  City  Council  or 
Board  of  Trustees  shall  deem  proper:  Provided ,  no  fine  or  penalty 
shall  exceed  two  hundred  dollars  ($200),  and  no  imprisonment  shall 
extend  six  months  for  one  offense. 

Sec.  2.  The  style  of  the  ordinances  in  cities  shall  be  :  “  Be  it 
ordained  by  the  City  Council  of - 

Sec.  3.  All  ordinances  of  cities  and  villages  imposing  any  fine, 
penalty,  imprisonment  or  forfeiture,  or  making  any  appropriation, 
shall,  within  one  month  after  they  are  passed,  be  published  at  least 
once  in  a  newspaper  published  in  the  city  or  village,  or,  if  no  such 
newspaper  is  published  therein,  by  posting  copies  of  the  same  in 
three  public  places  in  the  city  or  village  ;  and  no  such  ordinance 
shall  take  effect  until  ten  days  after  it  is  so  published  ;  and  all  other 
ordinances,  orders  and  resolutions  shall  take  effect  from  and  after 
their  passage,  unless  otherwise  provided  therein. 

Sec.  4.  All  ordinances,  and  the  date  of  publication  thereof,  may 
be  proven  by  the  certificate  of  the  clerk,  under  the  seal  of  the  cor¬ 
poration  ;  and  when  printed  in  book  or  pamphlet  form,  and  pur¬ 
porting  to  be  published  by  authority  of  the  Board  of  Trustees  or  the 
City  Council,  the  same  need  not  be  otherwise  published  ;  and  such 
book  or  pamphlet  shall  be  received  as  evidence  of  the  passage  and 
legal  publication  of  such  ordinances,  as  of  the  dates  mentioned  in 
such  book  or  pamphlet,  in  all  courts  and  places  without  further 
proof. 

Sec.  5.  All  actions  brought  to  recover  any  fine,  or  to  enforce  any 
penalty,  under  any  ordinance  of  any  city  or  village,  shall  be  brought 
in  the  corporate  name  of  the  city  or  village  as  plaintiff' ;  and  no 
prosecution,  recovery  or  acquittal,  for  the  violation  of  any  such  ordi¬ 
nance,  shall  constitute  a  defense  to  any  other^prosecution  of  the  same 
party  for  any  other  violation  of  any  such  ordinance,  although  the 
different  causes  of  action  existed  at  the  same  time,  and,  if  united, 
would  not  have  exceeded  the  jurisdiction  of  the  court  or  magistrate. 

Sec.  6.  All  fines  and  forfeitures  for  the  violation  of  ordinances, 
when  collected,  and  all  moneys  collected  for  licenses  or  otherwise, 
shall  be  paid  into  the  treasury  of  the  corporation,  at  such  times  and 
in  such  manner  as  may  be  prescribed  by  ordinance. 

Sec.  7.  In  all  actions  for  the  violation  of  any  ordinance,  the  first 
process  shall  be  a  summons  :  Provided ,  however ,  that  a  warrant  for 
the  arrest  of  the  offender  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  any  such  ordinance  has  been  violated, 
and  that  the  person  making  the  complaint  has  reasonable  grounds  to 
believe  the  party  charged  is  guilty  thereof,  and  any  person  arrested 


24 


CITY  OF  BUNKER  HILL. 


upon  such  warrant  shall,  without  unnecessary  delay,  be  taken  be¬ 
fore  the  proper  officer  to  be  tried  for  the  alleged  offense.  Any  per¬ 
son  upon  whom  any  fine  or  penalty  shall  be  imposed,  may,  upon 
the  order  of  the  court  or  magistrate  before  whom  the  conviction  is 
had,  be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
workhouse,  house  of  correction,  or  other  place  provided  by  the  city 
or  village  for  the  incarceration  of  offenders,  until  such  fine,  penalty 
and  cost  shall  be  fully  paid  :  Provided ,  that  no  such  imprisonment 
shall  exceed  six  months  for  anv  one  offense.  The  Citv  Council  or 
Board  of  Trustees  shall  have  power  to  provide,  by  ordinance,  that 
every  person  so  committed  shall  be  required  to  work  for  the  corpo¬ 
ration,  at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  workhouse,  house  of  correction,  or  other  place 
provided  for  the  incarceration  of  such  offenders,  not  exceeding  ten 
hours  each  working  day,  and  for  such  work  the  person  so  employed 
to  be  allowed,  exclusive  of  his  or  her  board,  two  dollars  per  day  for 
each  day’s  work  on  account  of  such  fine  and  cost. 

Sec.  8.  Any  and  all  justices  of  the  peace  and  police  magistrates 
shall  have  jurisdiction  in  all  cases  arising  under  the  provisions  of 
this  act,  or  any  ordinance  passed  in  pursuance  thereof. 

Sec.  9.  Any  Constable  or  Sheriff'  of  the  county  may  serve  any 
process,  or  make  any  arrests  authorized  to  be  made  by  any  city 
officer. 

Sec.  10.  The  city  or  village  government  shall  have  jurisdiction 
upon  all  waters  within  or  bordering  upon  the  same,  to  the  extent  of 
three  miles  beyond  the  limits  of  the  city  or  village,  but  not  to  exceed 
the  limits  of  the  State. 


ARTICLE  VI.  - 

OFFICERS — THEIR  POWERS  AND  DUTIES. 

Section  i.  There  shall  be  elected,  in  all  cities  organized  under 
this  act,  the  following  officers,  viz  :  a  Mayor,  a  City  Council,  a  City 
Clerk,  City  Attorney,  and  a  City  Treasurer. 

Sec.  2.  The  City  Council  mav,  in  its  discretion,  from  time  to 
time,  by  ordinance  passed  by  a  vote  of  two-thirds  of  all  the  aider- 
men  elected,  provide  for  the  election  by  the  legal  voters  of  the  city, 
or  the  appointment  by  the  Mayor,  with  the  approval  of  the  City 
Council,  of  a  City  Collector,  a  City  Marshal,  a  City  Superintendent 
of  Streets,  a  Corporation  Counsel,  a  City  Comptroller,  or  any  or 
either  of  them,  and  such  other  officers  as  may  by  said  Council  be 
deemed  necessary  or  expedient.  The  City  Council  may,  by  a  like 
vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end  of  the  then 


CITY  OF  BUNKER  HILL. 


25 


fiscal  year,  discontinue  any  office  so  created,  and  devolve  the  duties 
thereof  on  any  other  city  officer  ;  and  no  officer,  filling  any  such 
office  so  discontinued,  shall  have  any  claim  against  the  city  on 
account  of  his  salary,  after  such  discontinuance.  The  City  Marsha^ 
shall  perform  such  duties  as  shall  be  prescribed  by  the  City  Council 
for  the  preservation  of  the  public  peace,  and  the  observance  and 
enforcement  of  the  ordinances  and  laws  ;  he  shall  possess  the  power 
and  authority  of  a  constable  at  common  law,  and  under  the  statutes 
of  this  State. 

# 

Sec.  3.  All  officers  of  any  city,  except  where  herein  otherwise 
provided,  shall  be  appointed  by  the  Mayor,  (and  vacancies  in  all 
officers  except  the  Mayor  and  aldermen  shall  be  filled  by  like 
appointment,)  by  and  with  the  advice  and  consent  of  the  City 
Council.  The  City  Council  may,  by  ordinance  not  inconsistent 
with  the  provisions  of  this  act,  prescribe  the  duties  and  define  the 
powers  of  all  such  officers,  together  with  the  term  of  any  such 
office  :  Provided ,  the  term  shall  not  exceed  two  years. 

Sec.  4.  All  officers  of  any  city  or  village,  whether  elected  or 
appointed,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  take  and  subscribe  the  following  oath  or  affirmation  : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  the  State  of 

Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the  office  of . 

according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  .subscribed,  shall  be  filed  in  the 
office  of  the  Clerk  ;  and  all  such  officers,  except  aldermen  and 
Trustees,  shall,  before  entering  upon  the  duties  of  their  respective 
offices,  execute  a  bond  with  security,  to  be  approved  by  the  City 
Council  or  Board  of  Trustees,  payable  to  the  city  or  village,  in  such 
penal  sum  as  may,  by  resolution  or  ordinance,  be  directed,  condi¬ 
tioned  for  the  faithful  performance  of  the  duties  of  the  office  and 
the  payment  of  all  moneys  received  by  such  officer,  according  to 
law  and  the  ordinances  of  said  city  or  village  :  Provided ,  however , 
that  in  no  case  shall  the  Mayor’s  bond  be  fixed  at  a  less  sum  than 
three  thousand  dollars  ($3,000),  nor  shall  the  Treasurer’s  bond  be 
fixed  at  a  less  sum  than  the  amount  of  the  estimated  tax  and  special 
assessments  for  the  current  year  ;  which  bonds  shall  be  filed  with 
the  Clerk  (except  the  bond  of  the  Clerk,  which  shall  be  filed  with 
the  Treasurer). 

Sec.  5.  All  officers  elected  or  appointed  under  this  act  (except 
the  Clerk,  Aldermen  and  Mayor,  and  Trustees,)  shall  be  commis¬ 
sioned  by  warrant,  under  the  corporate  seal,  signed  by  the  Clerk 


26 


CITY  OF  BUNKER  HILL. 


and  the  Mayor  or  presiding  officer  of  the  City  Council  or  Board  of 
Trustees.  The  Mayor  or  President  of  the  Board  of  Trustees  shall 
issue  a  certificate  of  appointment  or  election,  under  the  seal  of  the 
corporation,  to  the  Clerk  thereof ;  and  any  person  having  been  an 
officer  of  the  citv  or  village,  shall,  within  five  days  after  notification 
and  request,  deliver  to  his  successor  in  office  all  property,  books  and 
effects  of  every  description  in  his  possession,  belonging  to  the  city 
or  village,  or  appertaining  to  his  said  office  ;  and  upon  his  refusal  to 
do  so,  shall  be  liable  for  all  the  damages  caused  thereby,  and  to 
such  penalty  as  may  by  ordinance  be  prescribed. 

Sec.  6.  No  person  shall  be  eligible  to  any  office  who  is  not  a 
qualified  elector  of  the  city  or  village,  and  who  shall  not  have 
resided  therein  at  least  one  year  next  preceding  his  election  or 
appointment,  nor  shall  any  person  be  eligible  to  any  office  who  is  a 
defaulter  to  the  corporation.  ' 

Sec.  7.  No  officer  shall  be  directly  or  indirectly  interested  in 
any  contract,  work  or  business  of  the  city,  or  the  sale  of  any  article, 
the  expense,  price  or  consideration  of  which  is  paid  from  the 
Treasury,  or  by  any  assessment  levied  by  any  act  or  ordinance  ;  nor 
in  the  purchase  of  any  real  estate  or  other  property  belonging  to 
the  corporation,  or  which  shall  be  sold  for  taxes  or  assessments,  or 
by  virtue  of  legal  process  at  the  suit  of  said  corporation. 

Sec.  8.  Every  person  who  shall  promise,  offer  or  give,  or  cause, 
or  aid,  or  abet  in  causing  to  be  promised,  offered  or  given,  or  fur¬ 
nish  or  agree  to  furnish,  in  whole  or  in  part,  to  be  promised,  offered 
or  given  to  any  member  of  the  City  Council  or  Board  of  Trustees, 
or  any  officer  of  the  corporation,  after  or  before  his  election  or 
appointment  as  such  officer,  any  moneys,  goods,  right  in  action,  or 
other  property,  or  anything  of  value,  or  any  pecuniary  advantage, 
present  or  prospective,  with  intent  to  influence  his  vote,  opinion, 
judgment  or  action  on  any  question,  matter,  cause  or  proceeding 
which  may  be  then  pending,  or  may  by  law  be  brought  before  him 
in  his  official  capacity,  shall,  upon  conviction,  be  imprisoned  in  the 
penitentiary  for  a  term  not  exceeding  two  years,  or  shall  be  fined 
not  exceeding  five  thousand  dollars,  or  both,  in  the  discretion  of  the 
court.  Every  officer  who  shall  accept  any  such  gift  or  promise,  or 
undertaking  to  make  the  same  under  any  agreement  or  understand¬ 
ing  that  his  vote,  opinion,  judgment  or  action  shall  be  influenced 
thereby,  or  shall  be  given  in  any  question,  matter,  cause  or  proceed¬ 
ing  then  pending,  or  which  may  by  law  be  brought  before  him  in 
his  official  capacity,  shall,  upon  conviction,  be  disqualified  from 
holding  any  public  office,  trust  or  appointment  under  the  city  or  vil- 


CTTY  OF  BUNKER  HILL. 


27 


lage,  and  shall  forfeit  his  office,  and  shall  be  punished  by  imprison¬ 
ment  in  the  penitentiary  not  exceeding  two  years,  or  by  a  fine  not 
exceeding  five  thousand  dollars,  or  both,  in  the  discretion  of  the 
court.  Every  person  offending  against  either  of  the  provisions  of 
this  section  shall  be  a  competent  witness  against  any  other  person 
offending  in  the  same  transaction,  and  may  be  compelled  to  appear 
and  give  evidence  before  any  grand  jury  or  in  any  court  in  the  same 
manner  as  other  persons  ;  but  the  testimony  so  given  shall  not  be 
used  in  any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying. 

Sec.  9.  No  Mayor,  Alderman,  City  Clerk  or  Treasurer  shall 
hold  any  other  office  under  the  city  government  during  his  term  of 
office. 

Sec.  10.  The  Clerk  shall  keep  the  corporate  seal,  to  be  provided 
under  the  direction  of  the  City  Council  or  Board  of  Trustees,  and 
all  papers  belonging  to  the  city  or  village  ;  he  shall  attend  all  meet¬ 
ings  of  the  City  Council  or  Board  of  Trustees,  and  keep  a  full 
record  of  its  proceeding  in  the  journal ;  and  copies  of  all  papers 
duly  filed  in  his  office,  and  transcripts  from  the  journals  and  other 
records  and  tiles  of  his  office,  certified  by  him  under  the  corporate 
seal,  shall  be  evidence  in  all  courts,  in  like  manner  as  if  the  origi¬ 
nals  were  produced. 

Sec.  11.  The  Clerk  shall  record,  in  a  book  to  be  kept  for  that 
purpose,  all  ordinances  passed  by  the  City  Council  or  Board  of 
Trustees ;  and  at  the  foot  of  the  record  of  each  ordinance  so 
recorded,  shall  make  a  memorandum  of  the  date  of  the  passage  and 
of  the  publication  or  posting  of  such  ordinance,  which  record  and 
memorandum,  or  a  certified  copy  thereof,  shall  be  prima  facie 
evidence  of  the  passage  and  legal  publication  or  posting  of  such 
ordinances  for  all  purposes  whatsoever. 

Sec.  12.  The  Trustees  in  villages,  the  Mayor,  Aldermen,  and 
the  Marshal  and  his  Deputies,  Policemen  and  Watchmen  in  cities, 
if  any  such  be  appointed,  shall  be  conservators  of  the  peace  ;  and 
all  officers  created  conservators  of  the  peace  by  this  act,  or  author¬ 
ized  by  any  ordinance,  shall  have  power  to  arrest,  or  cause  to  be 
arrested,  with  or  without  process,  all  persons  who  shall  break  the 
peace,  or  be  found  violating  any  ordinance  of  the  city  or  village,  or 
any  criminal  law  of  the  State,  commit  for  examination,  and,  if 
necessary,  detain  such  persons  in  custody  over  night  or  Sunday  in 
the  watch-house,  or  any  other  safe  place,  or  until  they  can  be 
brought  before  the  proper  magistrate,  and  shall  have  and  exercise 


28 


CTTY  OF  BUNKER  HTLL. 

such  other  powers,  as  conservators  of  the  peace,  as  the  City  Coun¬ 
cil  or  Board  of  Trustees  may  prescribe. 

Sec.  13.  The  Mayor  of  any  citv  shall  receive  such  compensa¬ 
tion  as  the  City  Council  may  by  ordinance  direct ;  but  his  compen¬ 
sation  shall  not  be  changed  during  his  term  of  office. 

Sec.  14.  The  Aldermen  and  Trustees  may  receive  such  com¬ 
pensation  for  their  services  as  shall  be  fixed  by  ordinance  ;  Provided , 
however ,  such  compensation  shall  not  exceed  three  dollars  to  each 
Alderman  or  Trustee  for  each  meeting  of  the  City  Council  or  Board 
of  Trustees  actually  attended  by  him,  and  no  other  compensation 
than  for  attendance  upon  such  meetings  shall  be  allowed  to  any 
Alderman  or  Trustee  for  any  services  whatsoever.  Such  compen¬ 
sation  shall  not  be  changed  after  it  has  been  once  established,  so  as 
to  take  effect  as  to  any  Alderman  or  Trustee  voting  for  such  change 
during  his  term  of  office. 

Sec.  15.  All  other  officers  may  receive  a  salary,  fees,  or  other 
compensation,  to  be  fixed  by  ordinance  ;  and  after  t>he  same  has 
been  once  fixed,  such  fees  or  compensation  shall  not  be  increased  or 
diminished,  to  take  effect  during  the  term  for  which  any  such  officer 
was  elected  or  appointed  :  and  every  such  officer  shall  make  and 
return  to  the  Mayor  or  President  of  the  Board  of  Trustees,  a  semi¬ 
annual  report,  verified  by  affidavit,  of  all  such  fees  and  emoluments 
received  by  him. 

Sec.  1 6.  The  Mayor  of  any  city,  and  the  Clerk  of  any  city  or 
village,  shall  have  power  to  administer  oaths  and  affirmations  upon 
all  lawful  occasions. 

ARTICLE  VII. 

OF  FINANCE. 

Section  i.  The  fiscal  year  of  each  city  or  village  organized 
under  this  act  shall  commence  at  the  date  established  by  law  for  the 
annual  election  of  municipal  officers  therein,  or  at  such  other  times 
as  may  be  fixed  bv  ordinance. 

Sec.  2.  The  City  Council  of  cities,  and  Board  of  Trustees  in 
villages,  shall,  within  the  first  quarter  of  each  fiscal  year,  pass  an 
ordinance,  to  be  termed  the  Annual  Appropriation  Bill,  in  which 
such  corporate  authorities  may  appropriate  such  sum  or  sums  of 
money  as  may  be  deemed  necessary  to  defray  all  necessary  expenses 
and  liabilities  of  such  corporation  ;  and  in  such  ordinance  shall  spec¬ 
ify  the  objects  and  purposes  for  which  such  appropriations  are 
made,  and  the  amount  appropriated  for  each  object  or  purpose. 
No  further  appropriations  shall  be  made  at  any  other  time  within 


29 


CITY  OF  BUNKER  HILL. 

such  fiscal  year,  unless  the  proposition  to  make  each  appropriation 
has  been  first  sanctioned  by  a  majority  of  the  legal  voters  of  such 
city  or  village,  either  by  a  petition  signed  by  them,  or  at  a  general 
or  special  election  duly  called  therefor. 

Sec.  3.  Neither  the  City  Council  nor  the  Board  of  Trustees,  nor 
any  department  or  officer  of  the  corporation,  shall  add  to  the  corpo¬ 
ration  expenditures  in  any  one  year  anything  over  and  above  the 
amount  provided  for  in  the  annual  appropriation  bill  of  that  year, 
except  as  is  herein  otherwise  specially  provided  ;  and  no  expendi¬ 
ture  for  an  improvement  to  be  paid  for  out  of  the  general  fund  of  the 
corporation  shall  exceed,  in  any  one  year,  the  amount  provided  for 
such  improvement  in  the  annual  appropriation  bill :  Provided ,  how- 
mvythat  nothing  herein  contained,  shall  prevent  the  City  Council  or 
Board  of  Trustees  from  ordering,  by  a  two-thirds  vote,  any  improve¬ 
ment,  the  necessity  of  which  is  caused  by  any  casualty  or  accident 
happening  after  such  annual  appropriation  is  made.  The  City 
Council  or  Board  of  Trustees  may,  by  a  like  vote,  order  the  Mayor  or 
President  of  the  Board  of  Trustees  and  finance  committee  to  borrow 
a  sufficient  amount  to  provide  for  the  expense  necessary  to  be 
incurred  in  making  any  improvements,  the  necessity  of  which  has 
arisen  as  is  last  above  mentioned,  for  a  space  of  time  not  exceeding 
the  close  of  the  next  fiscal  year — which  sum,  and  the  interest,  shall 
be  added  to  the  amount  authorized  to  be  raised  in  the  next  general 
tax  levy,  and  embraced  therein.  Should  any  judgment  be  obtained 
against  the  corporation,  the  Mayor,  or  President  of  the  Board  of 
Trustees  and  finance  committee,  under  the  sanction  of  the  City  Coun¬ 
cil  or  Board  of  Trustees,  may  borrow  a  sufficient  amount  to  pay  the 
same,  for  a  space  of  time  not  exceeding  the  close  of  the  next  fiscal 
year — which  sum  and  interest  shall,  in  like  manner,  be  added  to  the 
amount  authorized  to  be  raised  in  the  general  tax  levy  of  the  next 
year,  and  embraced  therein. 

Sec.  4.  No  contract  shall  be  hereafter  made  by  the  City  Council 
or  Board  of  Trustees,  or  any  committee  or  member  thereof ;  and  no 
expense  shall  be  incurred  by  any  of  the  officers  or  departments  of 
the  corporation,  whether  the  object  of  the  expenditure  shall  have 
been  ordered  by  the  City  Council  or  Board  of  Trustees  or  not,  unless 
an  appropriation  shall  have  been  previously  made  concerning  such 
expense,  except  as  herein  otherwise  expressly  provided. 

Sec.  5.  The  Treasurer  shall  receive  all  moneys  belongingto  the 
corporation,  and  shall  keep  his  books  and  accounts  in  such  manner 

as  may  be  prescribed  by  ordinance,  and  such  books  and  accounts 

4 


30 


CITY  OF  BUNKER  HILL. 


shall  always  be  subject  to  the  inspection  of  any  member  of  the  City 
Council  or  Board  of  Trustees. 

Sec.  6.  He  shall  keep  a  separate  account  of  each  fund  or 
appropriation,  and  the  debts  and  credits  belonging  thereto. 

Sec.  7.  He  shall  give  every  person  paying  money  into  the 
treasury  a  receipt  therefor,  specifying  the  date  of  payment  and  upon 
what  account  paid  ;  &nd  he  shall  also  file  copies  of  such  receipts 
with  the  Clerk  at  the  date  of  his  monthly  reports. 

Sec.  8.  The  Treasurer  shall,  at  the  end  of  each  and  every 
month,  and  oftener  if  required,  render  an  account  to  the  City  Coun¬ 
cil  or  Board  of  Trustees,  or  such  officer  as  may  be  designated  by 
ordinance  (under  oath),  showing  the  state  of  the  treasury  at  the 
date  of  such  account,  and  the  balance  of  money  in  the  treasury. 
He  shall  also  accompany  such  accounts  with  a  statement  of  all 
moneys  received  into  the  treasury,  and  on  what  account,  together 
with  all  warrants  redeemed  and  paid  by  him  ;  which  said  warrants, 
with  any  and  all  vouchers  held  by  him,  shall  be  delivered  to  the 
Clerk,  and  filed  with  his  said  account  in  the  Clerk’s  office  upon  every 
day  of  such  settlement.  He  shall  return  all  warrants  paid  by  him 
stamped  or  marked  u  paid.”  He  shall  keep  a  register  of  all  war¬ 
rants  redeemed  and  paid,  which  shall  describe  such  warrants,  and 
show  the  date,  amount,  number,  the  fund  from  which  paid,  the 
name  of  the  person  to  whom  and  when  paid. 

Sec.  9.  The  Treasurer  may  be  required  to  keep  all  moneys  in 
his  hands,  belonging  to  the  corporation,  in  such  place  or  places  of 
deposit  as  may  be  designated  by  ordinance  :  Provided ,  however ,  no 
such  ordinance  shall  be  passed  by  which  the  custody  of  such  money 
shall  be  taken  from  the  Treasurer  and  deposited  elsewhere  than  in 
some  regularly  organized  bank,  nor  without  a  bond  to  be  taken 
from  such  bank,  in  such  penal  sum  and  with  such  security  as  the 
City  Council  or  Board  of  Trustees  shall  direct  and  approve,  suffi¬ 
cient  to  save  the  corporation  from  any  loss  ;  but  such  penal  sum 
shall  not  be  less  than  the  estimated  receipts  for  the  current  year 
from  taxes  and  special  assessments  levied,  or  to  be  levied  by  the  cor¬ 
poration.  The  Treasurer  shall  keep  all  moneys  belonging  to  the 
corporation  in  his  hands,  separate  and  distinct  from  his  own  moneys, 
and  he  is  hereby  expressly  prohibited  from  using,  either  directly  or 
indirectly,  the  corporation  money  or  warrants  in  his  custody  and 
keeping,  for  his  own  use  and  benefit,  or  that  of  any  other  person  or 
persons  whomsoever  ;  and  any  violation  of  this  provision  shall  sub¬ 
ject  him  to  immediate  removal  from  office  by  the  City  Council  or 
Board  of  Trustees,  who  are  hereby  authorized  to  declare  said  office 


CITY  OF  BUNKER  HILL. 


31 


vacant ;  and  in  which  case  his  successor  shall  be  appointed,  who 
shall  hold  his  office  for  the  remainder  of  the  term  unexpired  of  such 
officer  so  removed. 

Sec.  io.  The  Treasurer  shall  report  to  the  City  Council  or 
Board  of  Trustees,  as  often  as  required,  a  full  and  detailed  account 
of  all  receipts  and  expenditures  of  the  corporation,  as  shown  by  his 
books,  up  to  the  time  of  said  report ;  an<3  he  shall,  annually, 
between  the  first  and  tenth  of  April,  make  out  and  file  with  the 
Clerk  a  full  and  detailed  account  of  all  such  receipts  and  expendi¬ 
tures,  and  of  all  his  transactions  as  such  Treasurer,  during  the  pre¬ 
ceding  fiscal  year,  and  shall  show  in  such  account  the  state  of  the 
Treasury  at  the  close  of  the  fiscal  year  ;  which  account  the  Clerk 
shall  immediately  cause  to  be  published  in  a  newspaper  printed  in 
such  city  if  there  be  one,  and  if  not,  then  by  posting  the  same  in  a 
public  place  in  the  Clerk’s  office. 

Sec.  ii.  All  warrants  drawn  upon  the  Treasurer  must  be  signed 
by  the  Mayor  and  countersigned  by  the  Clerk,  stating  the  particular 
fund  or  appropriation  to  which  the  same  is  chargeable,  and  the  per¬ 
son  to  whom  payable  ;  and  no  money  shall  be  otherwise  paid  than 
upon  such  warrants  so  drawn,  except  as  hereinafter  provided. 

Sec.  12.  All  moneys  received  on  any  special  assessment  shall  be 
held  by  the  Treasurer  as  a  special  fund,  to  be  applied  to  the  payment 
of  the  improvement  for  which  the  assessment  was  made,  and  said 
money  shall  be  used  for  no  other  purpose  whatever,  unless  to  reim¬ 
burse  such  corporation  for  money  expended  for  such  improvement. 

CITY  COLLECTOR. 

Sec.  13.  It  shall  be  the  duty  of  the  Collector,  when  one  is 
appointed,  to  preserve  all  warrants  which  are  returned  into  his 
hands,  and  he  shall  keep  such  books  and  his  accounts  in  such  man¬ 
ner  as  the  City  Council  may  prescribe.  Such  warrants,  books, 
and  all  papers  pertaining  to  his  office,  shall  at  all  times  be  open  to 
the  inspection  of  and  subject  to  the  examination  of  the  Mayor,  City 
Clerk,  any  member  of  the  Council,  or  committee  thereof.  He  shall 
weekly,  and  oftener  if  required  by  the  Council,  pay  over  to  the 
Treasurer  all  moneys  collected  by  him  from  any  source  whatever, 
taking  such  Treasurer’s  receipt  therefor,  which  receipt  he  shall 
immediately  file  with  the  City  Clerk  ;  but  the  City  Clerk  shall,  at 
the  time,  or  on  demand,  give  such  Collector  a  copy  of  any  such 
receipt  so  filed. 

Sec.  14.  He  shall  make  a  report  in  writing  to  the  Council,  or 
any  officer  designated  by  the  Council,  of  all  moneys  collected  by 


32 


CITY  OF  BUNKER  HILL. 


him,  the  account  whereon  collected,  or  of  any  other  matter  in  connec¬ 
tion  with  his  office,  when  required  by  the  Council  or  by  any  ordi¬ 
nance  of  the  city.  He  shall  also,  annually,  between  the  first  and 
tenth  of  April,  file  with  the  Clerk  a  statement  of  all  the  moneys 
collected  by  him  during  the  year,  the  particular  warrant,  special 
assessment  or  account  on  which  collected,  the  balance  of  moneys 
Uncollected  on  all  warrants  in  his  hands,  and  the  balance  remaining 
uncollected  at  the  time  of  the  return  on  all  warrants  which  he  shall 
have  returned,  during  the  preceding  fiscal  year,  to  the  City  Clerk. 
The  City  Clerk  shall  publish  or  post  the  same  as  hereinbefore 
required  to  be  done  in  regard  to  the  annual  report  of  the  Treasurer. 

Sec.  15.  The  Collector  is  hereby  expressly  prohibited  from 
keeping  the  moneys  of  the  city  in  his  hands,  or  in  the  hands  of  any 
person  or  corporation,  to  his  use,  beyond  the  time  which  may  be 
prescribed  for  the  payment  of  the  same  to  the  Treasurer  ;  and  any 
violation  of  this  provision  will  subject  him  to  immediate  removal 
from  office. 

Sec.  i 6.  All  the  City  Collector’s  papers,  books,  warrants  and 
vouchers  may  be  examined  at  any  time  by  the  Mayor  or  Clerk,  or 
any  member  of  the  City  Council ;  and  the  Collector  shall  every  two 
weeks,  or  oftener  if  the  City  Council  so  direct,  pay  over  all  money 
collected  by  him  from  any  person  or  persons,  or  associations,  to  the 
Treasurer,  taking  his  receipt  therefor  in  duplicate,  one  of  which 
receipts  he  shall  at  once  file  in  the  office  of  the  Clerk. 

CITY  COMPTROLLER. 

Sec.  17.  The  City  Comptroller  (if  there  shall  be  any  City 
Comptroller  appointed,  if  not,  then  the  Clerk)  shall  exercise  a  gen¬ 
eral  supervision  over  all  the  officers  of  the  corporation  charged  in 
any  manner  with  the  receipt,  collection,  or  disbursement  of  cor¬ 
poration  revenues,  and  the  collection  and  return  of  all  such  revenues 
into  the  treasury.  He  shall  have  the  charge,  custody  and  control 
of  all  deeds,  leases,  warrants,  vouchers,  books  and  papers  of  any 
kind,  the  custody  and  control  of  which  is  not  herein  given  to  any 
other  officers  ;  and  he  shall,  on  or  before  the  fifteenth  day  of  May, 
in  each  year,  and  before  the  annual  appropriations  to  be  made  by 
the  City  Council  or  Board  of  Trustees  submit  to  the  City  Council 
or  Board  of  Trustees,  a  report  of  his  estimates,  as  nearly  as  may  be, 
of  moneys  necessary  to  defray  the  expenses  of  the  corporation 
during  the  current  fiscal  year.  He  shall,  in  said  report,  class  the 
different  objects  and  branches  of  expenditures,  giving,  as  nearly 
as  may  be,  the  amount  required  for  each  ;  and  for  the  purpose 


CITY  OF  BUNKER  HILL. 


33 


of  making  such  report,  he  is  authorized  to  require  of  all  officers 
their  statement  of  the  condition  and  expenses  of  their  respective 
offices  or  departments,  with  any  proposed  improvements  and  the 
probable  expense  thereof,  all  contracts  made  and  unfinished,  and  the 
amount  of  any  and  all  unexpended  appropriations  of  the  preceding 
year.  He  shall,  in  such  report,  show  the  aggregate  income  of  the 
preceding  fiscal  year  from  all  sources,  the  amount  of  liabilities  out¬ 
standing  upon  which  interest  is  to  be  paid,  the  bonds  and  debts  pay¬ 
able  during  the  year,  when  due  and  when  payable  ;  and  in  such 
report  he  shall  give  such  other  information  to  the  Council  or  Board 
of  Trustees  as  he  may  deem  necessary,  to  the  end  that  the  City 
Council  or  Board  of  Trustees  may  fully  understand  the  money  exi¬ 
gencies  and  demands  upon  the  corporation  for  the  current  year. 

Sec.  i 8.  When  there  shall  be  appointed  in  any  city  a  Comp¬ 
troller,  the  City  Council  may,  by  ordinance  or  resolution,  confer 
upon  him  such  powers,  and  provide  for  the  performance  of  such 
duties  by  him,  as  the  City  Council  shall  deem  necessary  and  proper  ; 
and  all  the  provisions  of  this  act  relating  to  the  duties  of  City  Clerk, 
or  the  powers  of  City  Clerk  in  connection  with  the  finances,  the 
Treasurer  and  Collector,  or  the  receipt  and  disbursements  of  the 
moneys  of  such  city,  shall  be  exercised  and  performed  by  such 
Comptroller,  if  one  there  shall  be  appointed  ;  and  to  that  end  and 
purpose,  wherever  in  this  act  heretofore  the  word  “Clerk”  is  used, 
it  shall  be  held  to  mean  u  Comptroller  and  wherever  the  u  Clerk’s 
office  ”  is  referred  to,  it  shall  be  held  to  mean  u  Comptroller’s  office.” 

Sec.  19.  The  Comptroller,  when  there  shall  be  a  Comptroller, 
and  if  not,  then  the  Clerk,  shall  keep  in  his  office,  in  a  book  or 
books  kept  expressly  for  that  purpose,  a  correct  list  of  all  the  out¬ 
standing  bonds  of  the  city,  showing  the  number  and  amount  of  each, 
for  and  to  whom  the  said  bonds  are  issued  ;  and  when  any  city 
bonds  are  purchased,  or  paid,  or  canceled,  said  book  or  books  shall 
show  the  fact ;  and  in  his  annual  report  he  shall  describe,  particu¬ 
larly,  the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with 
each  and  every  item  of  expense  thereof. 

GENERAL  PROVISIONS. 

Sec.  20.  The  Collector  and  Treasurer,  and  all  other  officers  con¬ 
nected  with  the  receipt  and  expenditure  of  money,  shall  perform 
such  other  duties,  and  be  subject  to  such  other  rules  and  regulations, 
as  the  City  Council  or  Board  of  Trustees  may,  from  time  to  time,  by 
ordinance,  provide  and  establish. 

Sec.  21.  In  the  adjustment  of  the  accounts  of  the  Collector  or 


34 


CITY  OF  BUNKER  HILL. 


Treasurer  with  the  Clerk  (or  Comptroller  if  there  shall  be  one), 
there  shall  be  an  appeal  to  the  Finance  Committee  of  the  Council  or 
Board  of  Trustees,  whose  decision  in  all  matters  of  controversy  aris¬ 
ing  between  said  officers  shall  be  binding,  unless  the  City  Council  or 
Board  of  Trustees  shall  otherwise  direct  and  provide. 

Sec.  22.  The  Comptroller  (if  there  shall  be  one),  the  Clerk, 
Treasurer  and  Collector,  shall,  severally,  appoint  such  various  clerks 
and  subordinates  in  their  respective  offices  as  the  City  Council  or 
Board  of  Trustees  may  authorize,  and  shall  be  held,  severally, 
responsible  for  the  fidelity  of  all  persons  so  appointed  by  them. 

Sec.  23.  All  corporations,  companies  or  associations  not  incor¬ 
porated  under  the  laws  of  this  State,  engaged  in  any  city  in  effecting 
fire  insurance,  shall  pay  to  the  Treasurer  the  sum  of  two  dollars 
upon  the  hundred  dollars  of  the  net  receipts  by  their  agency  in  such 
city,  and  at  that  rate  upon  the  amount  of  all  premiums  which,  dur¬ 
ing  the  half  year  ending  on  every  first  day  of  July  and  January, 
shall  have  been  received  for  any  insurance  effected  or  agreed  to  be 
effected  in  the  city  or  village,  by  or  with  such  corporations,  compa¬ 
nies  or  associations,  respectively.  Every  person  who  shall  act  in 
any  city  or  village  as  agent,  or  otherwise,  for  or  on  behalf  of  any 
such  corporation,  company  or  association,  shall,  on  or  before  the 
fifteenth  day  of  July  and  January  in  each  year,  render  to  the  Comp¬ 
troller  (if  any  there  be  ;  if  not,  to  the  Clerk,)  a  full,  true  and  just 
account,  verified  by  his  oath,  of  all  premiums  which,  during  the 
half  year  ending  on  every  first  day  of  July  and  January  preceding 
such  report,  shall  have  been  received  by  him,  or  any  other  person 
for  him,  in  behalf  of  any  such  corporation,  company  or  association, 
and  shall  specify  in  said  account  the  amounts  received  for  fire  insur¬ 
ance.  Such  agents  shall  also  pay  over  to  the  Treasurer,  at  the  time 
of  rendering  the  aforesaid  account,  the  amount  of  rates  for  which 
the  company  or  companies  represented  by  them  are  severally 
chargeable  bv  virtue  hereof.  If  such  account  be  not  rendered  on  or 
before  the  day  hereinbefore  designated  for  that  purpose,  or  if  the 
said  rates  shall  remain  unpaid  after  that  day,  it  shall  be  unlawful 
for  any  corporation,  company  or  association  so  in  default  to  transact 
any  business  of  insurance  in  any  such  city  or  village,  until  the  said 
requisitions  shall  have  been  fully  complied  with  ;  but  this  provision 
shall  not  relieve  any  company  from  the  payment  of  any  risk  that 
may  be  taken  in  violation  hereof.  Any  person  or  persons  violating 
any  of  the  provisions  of  this  section  shall  be  subject  to  indictment, 
and  upon  conviction  thereof,  in  any  court  of  competent  jurisdiction, 
shall  be  fined  in  any  sum  not  exceeding  one  thousand  dollars,  or 


CITY  OF  BUNKER  HILL. 


35 


imprisoned  not  exceeding  six  months,  or  both,  in  the  discretion  of 
the  court.  Said  rates  may  also  be  recovered  of  such  corporation, 
company  or  association,  or  its  agent,  by  action  in  the  name  and  for 
the  use  of  any  such  city  or  village,  as  for  money  had  and  received 
for  its  use  :  Provided \  that  this  section  shall  only  apply  to  such  cities 
and  villages  as  have  an  organized  fire  department,  or  maintain  some 
organization  for  the  prevention  of  fires. 

ARTICLE  YI II. 

OF  THE  ASSESSMENT  AND  COLLECTION  OF  TAXES. 

Section  i.  The  City  Council  in  cities  and  Board  of  Trustees  in 
villages  may  assess  and  collect  taxes  for  corporate  purposes,  in  the 
following  manner  :  the  City  Council  or  Board  of  Trustees,  as  the 
case  may  be,  shall  on  or  before  the  second  Tuesday  in  September  in 
each  year,  ascertain  the  total  amount  of  appropriations  for  all  cor¬ 
porate  purposes,  legally  made,  and  to  be  collected  from  the  tax  levy 
of  that  fiscal  year,  and  by  ordinance  levy  and  assess  such  amount, 
so  ascertained,  upon  the  real  and  personal  property  within  the  city 
or  village  subject  to  taxation,  as  the  same  is  assessed  for  State  and 
county  purposes  for  the  current  year.  A  certified  copy  of  such 
ordinance  shall  be  filed  with  the  County  Clerk  of  the  proper  county, 
whose  duty  it  shall  be  to  ascertain  the  rate  per  cent,  which,  upon 
the  total  valuation  of  all  property  subject  to  taxation  within  the  city 
or  village,  as  the  same  is  assessed  and  equalized  for  State  and 
county  purposes,  will  produce  a  net  amount  not  less  than  the  amount 
so  directed  to  be  levied  and  assessed  ;  and  it  shall  be  the  duty  of 
the  County  Clerk  to  extend  such  tax,  in  a  separate  column,  upon 
the  book  or  books  of  the  collector  or  collectors  of  State  and  county 
taxes  within  such  city  or  village. 

Sec.  2.  The  tax  so  assessed  shall  be  collected  and  enforced  in 
the  same  manner  and  by  the  same  officers  as  State  and  county  taxes, 
and  shall  be  paid  over  by  the  officers  collecting  the  same  to  the 
Treasurer  of  the  city  or  village. 

Sec.  3.  It  shall  be  the  duty  of  the  officer  collecting  such  tax  to 
settle  with  and  pay  over  to  such  Treasurer,  as  often  as  once  in  two 
weeks  from  the  time  he  shall  commence  the  collection  thereof,  all 
such  taxes  as  he  shall  then  have  collected,  till  the  whole  tax  col¬ 
lected  shall  be  paid  over. 

Sec.  4.  Whenever  any  city  or  village  is  required  to  levy  a  tax 
for  the  payment  of  any  particular  debt,  appropriation  or  liability  of 
the  same,  the  tax  for  such  purpose  shall  be  included  in  the  total 
amount  assessed  by  the  City  Council  or  Board  of  Trustees,  and  cer- 


36 


CITY  OF  BUNKER  HILL. 

tified  to  the  Comity  Clerk  as  aforesaid  ;  but  the  City  Council  or 
Board  of  Trustees  shall  determine,  in  the  ordinance  making  such 
assessment,  what  proportion  of  such  total  amount  shall  be  applica¬ 
ble  to  the  payment  of  such  particular  debt,  appropriation  or  liability  ; 
and  the  city  or  village  Treasurer  shall  set  apart  such  proportion  of 
the  tax  collected  and  paid  to  him  for  the  payment  of  such  particular 
debt,  appropriation  or  liability,  and  shall  not  disburse  the  same  for 
any  other  purpose  until  such  debt,  appropriation  or  liability  shall 
have  been  discharged. 

Sec.  5.  All  taxes  levied  or  assessed  by  any  city  or  village, 
except  special  assessments  for  local  improvements,  shall  be  uniform 
upon  all  taxable  property  and  persons  within  the  limits  of  the  city, 
and  no  property  shall  be  exempt  therefrom  other  than  such  property 
as  may  be  exempt  from  taxation  under  the  Constitution  and  general 
laws  of  the  State. 

ARTICLE  IX. 

SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 

Section  i.  That  the  corporate  authorities  of  cities  and  villages 
are  hereby  vested  with  power  to  make  local  improvements  by 
special  assessment  or  special  taxation,  or  both,  of  contiguous 
property,  or  general  taxation,  or  otherwise,  as  they  shall  by  ordi¬ 
nance  prescribe. 

Sec.  2.  When  any  such  city  or  village  shall,  by  ordinance,  pro¬ 
vide  for  the  making  of  any  local  improvement,  it  shall,  by  the  same 

ordinance,  prescribe  whether  the  same  shall  be  made  by  special 
assessment  or  by  special  taxation  of  contiguous  property,  or  general 
taxation,  or  both. 

Sec.  3.  Should  said  ordinance  provide  for  improvements  which 
require  the  taking  or  damaging  of  property,  the  proceeding  for 
making  just  compensation  therefor  shall  be  as  follows  : 

Sec.  4.  Whenever  any  such  ordinance  shall  be  passed  by  the 

legislative  authority  of  any  such  city  or  village,  for  the  making  of 

any  improvement  mentioned  in  the  first  section  of  this  act,  or  any 
other  local  improvement  that  such  city  or  village  is  authorized  to 
make,  the  making  of  which  will  require  that  private  property  be 
taken  or  damaged  for  public  use,  such  city  or  village  shall  file  a 
petition  in  some  court  of  record  of  the  county  in  which  such  city  is 
situated,  in  the  name  of  the  city,  praying  that  u  the  just  compensa¬ 
tion  to  be  made  for  private  property  to  be  taken  or  damaged  for  the 
improvement  or  purpose  specified  in  such  ordinance  shall  be  ascer¬ 
tained  by  a  jury.” 


37 


CITY  OF  BUNKER  HILL. 

/ 

Sec.  5.  Such  petition  shall  contain  a  copy  of  the  said  ordinance, 
certified  by  the  Clerk,  under  the  corporate  seal ;  a  reasonably 
accurate  description  of  the  lots,  parcels  of  land  and  property  which 
will  be  taken  or  damaged,  and  the  names  of  the  owners  and  occu¬ 
pants  thereof,  so  far  as  known  to  the  Board  or  officer  filing  the  peti¬ 
tion  ;  and  where  any  known  owners  are  non-residents  of  the  State, 
stating  the  fact  of  such  non-residence. 

Sec.  6.  Upon  the  filing  of  the  petition  aforesaid,  a  summons, 
which  may  be  made  returnable  upon  any  day  in  term  time,  shall  be 
issued  and  served  upon  the  persons  made  parties  defendant,  as  in 
cases  in  chancery.  And  in  case  any  of  them  are  unknown,  or 
reside  out  of  this  State,  or  on  due  inquiry  cannot  be  found,  the  clerk 
of  the  court,  upon  an  affidavit  being  filed  showing  such  fact,  shall 
cause  publication  to  be  made  in  some  newspaper  printed  in  his 
county,  or  if  there  be  no  newspaper  published  in  his  county,  then 
some  newspaper  published  in  this  State,  containing  notice  of  the 
pendency  of  such  proceeding,  the  parties  thereto,,  the  title  of  the 
court,  and  the  time  and  place  of  the  return  of  the  summons  in  the 
case,  and  the  nature  of  said  proceeding ;  such  publication  to  be 
made  for  four  weeks  consecutively,  at  least  once  in  each  week,  the 
fii'stof  which  shall  be  at  least  thirty  days  before  the  return  day  of  such 
summons.  Notices  so  given  by  publication  shall  be  sufficient  to 
authorize  the  court  to  hear  and  determine  the  suit,  as  though  all 
parties  had  been  sued  by  their  proper  names  and  had  been  person¬ 
ally  served. 

Sec.  7.  Upon  the  return  of  said  summons,  or  as  soon  thereafter 
as  the  business  of  the  court  will  permit,  the  said  court  shall  proceed 
to  the  hearing  of  such  petition,  and  shall  impannel  a  jury  to  ascer¬ 
tain  the  just  compensation  to  be  paid  to  all  of  such  owners  and  occu¬ 
pants  aforesaid. 

Se^c.  8.  Such  jury  shall  also  ascertain  the  just  compensation  to 
be  paid  to  any  person  claiming  an  interest  in  any  lot,  parcel  of  land  , 
or  property  which  may  be  taken  or  damaged  by  such  improvement, 
whether  or  not  such  person’s  name,  or  such  lot,  parcel  of  land,  or 
other  property,  is  mentioned  or  described  in  such  petition  :  Provided , 
such  person  shall  first  be  admitted  as  a  party  defendant  to  said  suit 
by  such  court,  and  shall  file  a  statement  of  his  interest  in  and  de¬ 
scription  of  the  lot,  parcel  of  land,  or  other  property  in  respect  to 
which  he  claims  compensation. 

Sec.  9.  The  court  may,  upon  the  motion  of  such  city  or  village, 
or  of  any  person  claiming  any  such  compensation,  direct  that  said 
jury  (under  the  charge  of  an  officer  of  the  court)  shall  view  the  prem- 


38 


CITY  OF  BUNKER  HILL* 


ises  which  it  is  claimed  by  any  party  to  said  proceeding  will  be 
taken  or  damaged  by  said  improvement. 

Sec.  io.  Upon  the  return  of  such  verdict,  the  court  shall  order 
the  same  to  be  recorded,  and  shall  enter  such  judgment  or  decree 
thereon  as  the  nature  of  the  case  may  require.  The  court  shall  con¬ 
tinue  or  adjourn  the  cause,  from  time  to  time,  as  to  all  occupants  and 
owners  named  in  such  petition  who  shall  not  have  been  served  with 
process,  or  brought  in  by  publication,  and  shall  order  a  new  sum¬ 
mons  to  issue  and  new  publication  to  be  made  ;  and  upon  such  oc¬ 
cupants  or  owners  being  brought  into  court,  shall  impannel  a  jury 
to  ascertain  the  compensation  so  to  be  paid  to  such  defendant  or  de¬ 
fendants,  for  private  property  taken  or  damaged  ;  and  like  proceed¬ 
ing  shall  be  had  for  such  purpose  as  hereinbefore  provided  for  the 
ascertaining  of  compensation  to  other  owners. 

Sec.  ii.  The  court  shall  have  power,  at  any  time,  upon  proof 
that  any  such  owner  or  owners  named  in  such  petition,  who  has  not 
been  served  with  such  process,  has  ceased  to  be  such  owner  or  own¬ 
ers  since  the  filing  of  such  petition,  to  impannel  a  jury  and  ascertain 
the  just  compensation  to  be  made  for  the  property  (or  the  damage 
thereto)  which  had  been  owned  by  the  person  or  persons  so  ceasing 
to  own  the  same  ;  and  the  court  may,  upon  any  finding  or  findings 
of  any  jury  or  juries,  or  at  any  time  during  the  course  of  such  pro¬ 
ceedings,  enter  such  order,  rule,  judgment  or  decree  as  the  nature  of 
the  case  may  require. 

Sec.  12.  No  delay  in  making  an  assessment  of  compensation 
shall  be  occasioned  by  any  doubt  or  contest  which  may  arise  as  to 
the  ownership  of  the  property,  or  any  part  thereof,  or  as  to  the  in¬ 
terests  of  the  respective  owners  or  claimants,  but  in  such  case  the 
court  may  impannel  a  jury  and  ascertain  the  entire  compensation  or 
damage  that  should  be  paid  for  the  property,  or  part  of  property,  and 
the  entire  interests  of  all  parties  therein,  and  may  require  adverse 
claimants  to  interplead  so  as  to  fully  determine  their  rights  and  in¬ 
terests  in  the  compensation  so  ascertained.  And  the  court  may 
make  such  order  as  may  be  necessary  in  regard  to  the  deposit  or 
payment  of  such  compensation. 

Sec.  13.  When  it  shall  appear,  from  said  petition  or  otherwise, 
at  any  time  during  the  proceedings  upon  such  petition,  that  any  in¬ 
fant,  or  insane  or  distracted  person,  is  interested  in  any  property  that 
is  to  be  taken  or  damaged,  the  court  shall  appoint  a  guardian,  ad 
litem ,  for  such  infant  or  insane  or  distracted  person,  to  appear  and 
defend  for  him,  her  or  them  ;  and  the  court  shall  make  such  order  or 
decree  as  it  shall  deem  proper  to  protect  and  secure  the  interest  of 


CITY  OF  BUNKER  HILL.  39 

such  infant,  or  insane  or  distracted  person,  in  such  property,  or  the 
compensation  which  shall  be  awarded  therefor. 

Sec.  14.  Any  final  judgment  or  judgments  rendered  by  said 
court,  upon  any  finding  or  findings  of  any  jury  or  juries,  shall  be  a 
lawful  and  sufficient  condemnation  of  the  land  or  property  to  be  ta¬ 
ken  upon  the  payment  of  the  amount  of  such  finding  as  hereinafter 
provided.  It  shall  be  final  and  conclusive  as  to  the  damages  caused 
by  such  improvement,  unless  such  judgment  or  judgments  shall  be 
appealed  from  ;  but  no  appeal  or  writ  of  error  upon  the  same  shall 
delay  proceedings  under  said  ordinance,  if  such  city  or  village  shall 
deposit,  as  directed  by  the  court,  the  amount  of  the  judgment  and 
costs,  and  shall  file  a  bond  in  the  court  in  which  such  judgment  was 
rendered,  in  a  sum  to  be  fixed  and  with  security  to  be  approved  by 
the  judge  of  said  court,  which  shall  secure  the  payment  of  any  future 
compensation  which  may  at  any  time  be  finally  awarded  to  such 
party  so  appealing  or  suing  out  such  writ  of  error,  and  his  or  her 
costs. 

Sec.  15.  The  court,  upon  proof  that  said  just  compensation  so 
found  by  the  jury  has  been  paid  to  the  person  entitled  thereto,  or  has 
been  deposited  as  directed  by  the  court  (and  bond  given,  in  case  of 
any  appeal  or  writ  of  error),  shall  enter  an  order  that  the  city  or  vil¬ 
lage  shall  have  the  right,  at  any  time  thereafter,  to  take  possession 
of  or  damage  the  property,  in  respect  to  which  such  compensation 
shall  have  been  so  paid  or  deposited,  as  aforesaid. 

Sec.  16.  When  the  ordinance  under  which  said  improvement  is 
ordered  to  be  made  shall  provide  that  such  improvement  shall  be 
made  by  general  taxation,  the  cost  of  such  improvement  shall  be 
added  to  the  general  appropriation  bill  of  such  city  or  village,  and 
shall  be  levied  and  collected  with  and  as  a  part  of  the  general  taxes 
of  such  city  or  village. 

Sec.  17.  When  said  ordinance  under  which  said  local  improve¬ 
ment  shall  be  ordered  shall  provide  that  such  improvement  shall  be 
made  by  special  taxation  of  contiguous  property,  the  same  shall  be 
levied,  assessed  and  collected  in  the  way  provided  in  the  sections 
of  this  act  providing  for  the  mode  of  making,  levying,  assessing  and 
collecting  special  assessments. 

SPECIAL  ASSESSMENT. 

Sec.  18.  When  the  ordinance  under  which  said  local  improve¬ 
ment  is  ordered  to  be  made  shall  provide  that  such  improvement 
shall  be  wholly  or  in  part  made  by  special  assessment,  the  proceed- 


40 


CITY  OF  BUNKER  HILL. 


ings  for  the  making  such  special  assessment  shall  be  in  accordance 
with  the  sections  of  this  act  from  eighteen  to  fifty-one,  inclusive. 

Sec.  19.  Whenever  such  local  improvements  are  to  be  made 
wholly  or  in  part  by  special  assessment,  the  said  council  in  cities,  or 
board  of  trustees  in  villages,  shall  pass  an  ordinance  to  that  effect, 
specifying  therein  the  nature,  character,  locality  and  description  of 
such  improvement:  Provided,  that  whenever  any  such  ordinance  shall 
provide  only  for  the  building  or  renewing  of  any  sidewalk,  the  own¬ 
er  of  any  lot  or  piece  of  land  fronting  on  such  sidewalk  shall  be 
allowed  fifteen  days  after  the  time  at  which  such  ordinance  shall  take 
effect  in  which  to  build  or  renew  such  sidewalk  opposite  his  land, 
and  thereby  relieve  the  same  from  assessment :  Provided ,  that  the 
work  so  to  be  done  shall  in  all  respects  conform  to  the  requirements 
of  such  ordinance. 

Sec.  20.  The  City  Council  or  Board  or  Trustees  shall  appoint 
three  of  its  members,  or  any  other  three  competent  persons,  who  shall 
make  an  estimate  of  the  cost  of  the  improvement  contemplated  by 
such  ordinance,  including  labor,  materials,  and  all  other  expenses  at¬ 
tending  the  same,  and  the  cost  of  making  and  levying  the  assessment, 
and  shall  report  the  same  in  writing  to  said  Council  or  Board  of 
Trustees. 

Sec.  21.  On  such  report  being  made,  and  approved  by  the  Coun¬ 
cil  or  Board  of  Trustees,  as  the  case  may  be,  it  may  order  a  petition 
to  be  filed  by  such  officer  as  it  shall  direct,  in  the  County  Court  of  its 
county,  for  proceedings  to  assess  the  cost  of  such  improvement  in  the 
manner  provided  in  this  act. 

Sec.  22.  The  petition  shall  be  in  the  name  of  the  corporation, 
and  shall  recite  the  ordinance  for  the  proposed  improvement,  and 
the  report  of  such  commission,  and  shall  pray  that  the  cost  of  such 
improvement  may  be  assessed  in  the  manner  prescribed  by  law. 

Sec.  23.  Upon  the  filing  of  such  petition  the  Court  shall  appoint 
three  competent  persons  as  Commissioners,  who  shall  take  and  sub¬ 
scribe  an  oath,  in  substance  as  follows,  to-wit : 

State  of  Illinois,  )  oc 
. County .  > s&  * 

We,  the  undersigned,  commissioners,  appointed  by  the  county  court  of . 

county,  to  assess  the  cost  of . (here  state  in  general  terms  the  improvement,)  do 

solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  we  will  a  true  and  impartial  as¬ 
sessment  make  of  the  cost  of  said  improvement  upon  the  city  (or  village)  of . , 

and  the  property  benefited  by  such  improvement,  to  the  best  of  our  abililv ,  and  ac¬ 
cording  to  law . 

Sec.  24.  It  shall  be  the  duty  of  such  Commissioners  to  examine 
the  locality  where  the  improvement  is  proposed  to  be  made,  and  the 


CITY  OF  BUNKER  HILL. 


41 


lots,  blocks,  tracts  and  parcels  of  lands  that  will  be  specially  benefit¬ 
ed  thereby,  and  to  estimate  what  proportion  of  the  total  cost  of  such 
improvement  will  be  of  benefit  to  the  public,  and  what  proportion 
thereof  will  be  of  benefit  to  the  property  to  be  benefited  ;  and  appor¬ 
tion  the  same  between  the  city  or  village,  and  such  property,  so  that 
each  shall  bear  its  relative  equitable  proportion  ;  and  having  found 
said  amounts,  to  apportion  and  assess  the  amount  so  found  to  be  of 
benefit  to  the  property,  upon  the  several  lots,  blocks,  tracts  and  par¬ 
cels  of  land  in  the  proportion  in  which  they  will  be  severally  bene¬ 
fited  by  such  improvement :  Provided ,  that  no  lot,  block,  tract  or 
parcel  of  land  shall  be  assessed  a  greater  amount  than  it  will  be  ac¬ 
tually  benefited. 

Sec.  25.  They  shall  also  make  or  cause  to  be  made  a  map  show¬ 
ing  the  lots,  blocks,  tracts  and  parcels  of  land  which  they  shall  find 
will  be  benefited  by  the  proposed  improvement,  and  shall  mark  upon  . 
each  lot,  block,  tract  or  parcel  of  land  shown  by  such  map  the 
amount  they  shall  find  to  be  its  proportion  of  the  cost  of  such  im¬ 
provement. 

Sec.  26.  They  shall  also  make  or  cause  to  be  made  an  assess¬ 
ment  roll,  in  which  shall  appear  the  names  of  the  owners,  so  far  as 
known,  a  description  of  each  lot,  block,  tract  or  parcel  of  land,  and 
the  amount  assessed  as  special  benefits  thereto  ;  and  in  which  they 
shall  set  down  as  against  the  city  or  village  the  amount  they  shall 
have  found  as  public  benefit,  and  certify  such  assessment  roll,  with 
said  map,  to  the  court  by  which  they  were  appointed,  at  least  ten 
days  before  the  first  day  of  the  term  at  which  a  final  hearing  thereon 
shall  be  had. 

Sec.  27.  It  shall  also  be  the  duty  of  such  commissioners  to  give 
notice  of  such  assessment,  and  of  the  term  of  court  at  which  a  final 
hearing  thereon  will  be  had,  in  the  following  manner  : 

First — They  shall  send  by  mail  to  each  owner  of  premises  assess¬ 
ed,  whose  name  and  place  of  residence  is  known  to  them,  or,  upon 
diligent  inquiry,  can  be  ascertained,  a  notice  substantially  in  the  fol¬ 
lowing  form  : 


Mi. 


Year  (here  give  a  short  description  of  the  premises),  is  assessed  $ . 

for  public  improvement.  The  assessment  roll  will  be  returned  to  the 

term  of  the  County  Court  of . county. 

(Here  give  date.) 


Commissioners. 


Second — They  shall  cause  at  least  ten  days’  notice  to  be  given  by 


42 


CITY  OF  BUNKER  HILL. 


posting  notices  in  (at  least)  four  public  places  in  such  city  or  vil¬ 
lage,  two  of  which  shall  be  in  the  neighborhood  of  such  proposed 
improvement,  and  when  a  daily  newspaper  is  published  in  the 
county  of  such  city  or  village,  by  publishing  the  same  at  least  five 
successive  days  in  a  daily  newspaper  published  in  such  county  ;  or 
if  no  daily  newspaper  is  published  in  such  county,  and  a  weekly 
newspaper  is  published  therein,  then  at  least  once  in  each  week  for 
two  successive  weeks,  always  preferring  a  newspaper  published  in 
such  city  or  village,  if  there  is  one.  The  notice  may  be  substan¬ 
tially  as  follows  : 


SPECIAL  ASSESSMENT  NOTICE. 


Noticefis  hereby  given  to  all  persons  interested,  that  the  City  Council  (or 

Board  of  Trustees,  as  the  case  may  be,)  of . .  having  ordered  that 

(here  insert  the  description  and  nature  of  improvements  substantially  as  in 

ordinance),  have  applied  to  the  County  Court  of. . county  for  an 

assessment  of  the  cost  of  said  improvements  according  to  benefits;  and  an 
assessment  thereof  having  been  made  and  returned  to  said  court,  the  final 

hearing  thereon  will  be  had  at  the . term  of  said  court,  commencing 

on  the . day  of . .  A.  D.  18...  All  persons  desiring  may  then 

and  there  appear  and  make  their  defense. 

(Here  give  date.)  . ) 


Commissioners. 


Sec.  28.  On  or  before  the  final  hearing,  the  affidavit  of  one  or 
more  of  the  commissioners  shall  be  filed  in  said  court,  stating  they 
have  sent  or  caused  to  be  sent  by  mail  to  the  owners  whose  premi¬ 
ses  have  been  assessed,  and  whose  names  and  places  of  residence  are 
known  to  them,  or,  upon  diligent  inquiry,  could  be  ascertained,  the 
notice  hereinbefore  required  to  be  sent  by  mail  to  owners  of  premi¬ 
ses  assessed.  They  shall  also  cause  to  be  filed  the  affidavit  of  the 
person  who  shall  have  posted  the  notices  required  by  this  act  to  be 
posted,  setting  forth  when  and  in  what  manner  the  same  were  posted. 
Such  affidavits  shall  be  received  as  prima  facie  evidence  of  a  com¬ 
pliance  with  this  act  in  regard  to  giving  such  notices.  They  shall 
also  file  a  certificate  of  publication  of  said  notices  in  like  manner  as 
is  required  in  other  cases  of  publication  of  notices. 

Sec.  29.  If  ten  days  shall  not  have  elapsed  between  the  first 
publication,  or  the  putting  up  of  such  notices,  and  the  first  day  of 
the  next  term  of  such  court,  the  hearing  shall  be  continued  until 
the  next  term  of  court. 

Sec.  30.  Any  person  interested  in  any  real  estate  to  be  affected 
by  such  assessment,  may  appear  and  file  objections  to  such  report, 
and  the  court  may  make  such  order  in  regard  to  the  time  of  filing 


CITY  OF  BUNKER  HILL. 


43 


such  objections  as  may  be  made  in  cases  at  law  in  regard  to  the  time 
of  filing  pleas.  As  to  all  lots,  blocks,  tracts  and  parcels  of  land,  to 
the  assessment  of  which  objections  are  not  filed  within  the  time 
ordered  by  the  court,  default  may  be  entered,  and  the  assessment 
confirmed  by  the  court. 

Sec.  31.  On  the  hearing,  the  report  of  the  commissioners  shall 
be  competent  evidence,  and  either  party  may  introduce  such  other 
evidence  as  may  tend  to  establish  the  right  of  the  matter.  The 
hearing  shall  be  conducted  as  in  other  cases  at  law,  and  if  it  shall 
appear  that  the  premises  of  the  objector  are  assessed  more  or  less 
than  they  will  be  benefited,  or  more  or  less  than  their  proportionate 
share  of  the  cost  of  the  improvement,  the  jury  shall  so  find,  and  also 
find  the  amount  for  which  such  premises  ought  to  be  assessed,  and 
judgment  shall  be  rendered  accordingly. 

Sec.  32.  The  hearing  in  all  cases  arising  under  this  act  shall 
have  precedence  over  all  other  cases  in  such  court,  except  criminal 
cases. 

Sec.  33.  The  court  before  which  any  such  proceeding  may  be 
pending  shall  have  authority,  at  any  time  before  final  adjournment, 
to  modify,  alter,  change,  annul  or  confirm  any  assessment  returned, 
as  aforesaid,  or  cause  any  such  assessment  to  be  recast  by  the  same 
commissioners  whenever  it  shall  be  necessary  for  the  attainment  of 
justice,  or  may  appoint  other  commissioners  in  the  place  of  all  or 
any  of  the  commissioners  first  appointed,  for  the  purpose  of  making 
such  assessment,  or  modifying,  altering,  changing  or  recasting  the 
same,  and  may  take  all  such  proceedings  and  make  all  such  orders 
as  may  be  necessary  to  make  a  true  and  just  assessment  of  the  cost 
of  such  improvement,  according  to  the  principles  of  this  act,  and 
may,  from  time  to  time,  as  may  be  necessary,  continue  the  applica¬ 
tion  for  that  purpose  as  to  the  whole  or  any  part  of  the  premises. 

Sec.  34.  The  judgment  of  the  court  shall  have  the  effect  of  a 
several  judgment  as  to  each  tract  or  parcel  of  land  assessed,  and  any 
appeal  from  such  judgment  or  writ  of  error  shall  not  invalidate  or 
delay  the  judgment,  except  as  to  the  property  concerning  which  the 
appeal  or  writ  of  error  is  taken.  Such  judgment  shall  be  a  lien 
upon  the  property  assessed  from  the  date  thereof  until  payment  shall 
be  made. 

Sec.  3^.  The  Clerk  of  the  court  in  which  such  judgment  is  ren¬ 
dered  shall  certify  the  assessment  roll  and  judgment  to  the  Clerk  of 
such  city  or  village  ;  or  if  there  has  been  an  appeal  or  writ  of  error 
taken  on  any  part  of  such  judgment,  then  he  shall  certify  such  part 
of  the  judgment  as  is  not  included  in  such  appeal  or  writ  of  error. 


44 


CITY  OF  BUNKER  HILL. 


The  Clerk  of  the  city  or  village  shall  file  such  certificate  in  his  office, 
and  issue  a  warrant  for  the  collection  of  such  assessment. 

Sec.  36.  The  warrant,  in  all  cases  of  assessment  under  this  act, 
shall  contain  a  copy  of  such  certificate  of  the  judgment,  describing 
the  lots,  blocks,  tracts  or  parcels  of  land  assessed,  and  the  respective 
amounts  assessed  on  each  lot,  block,  tract  or  parcel  of  land,  and 
shall  be  delivered  to  the  officer  authorized  to  collect  such  special 
assessments.  Such  warrant  shall  give  sufficient  authority  to  collect 
the  assessments  therein  specified. 

Sec.  37.  The  Collector  receiving  such  warrant  shall  immediately 
give  notice  thereof  by  publishing  such  notice  in  one  or  more  news¬ 
papers  in  such  city  or  village,  if  such  newspaper  is  there  ;  and  if 
there  is'  no  such  newspaper,  then  by  posting  four  copies  thereof  in 
public  places  along  the  line  of  the  proposed  improvement.  Such 
notice  may  be  substantially  in  the  following  form  : 

SPECIAL  ASSESSMENT  NOTICE.  SPECIAL  WARRANT  NO. - . 

Public  notice  is  hereby  given  that  the  (here  insert  title  of  court)  has  ren¬ 
dered  judgment  for  a  special  assessment  upon  property  benefited  by  the  fol¬ 
lowing  improvement:  (here  insert  the  character  and  location  of  the  improve¬ 
ment  in  general  terms)  as  will  more  fully  appear  from  the  certified  copy  of 

the  judgment  on  file  in  the  office  of  the  Clerk  of  the  city  (or  village)  of . 

that  a  warrant  for  the  collection  of  such  assessments  is  in  the  hands  of  the 
undersigned.  All  persons  interested  are  hereby  notified  to  call  and  pav  the 
amounts  assessed,  at  the  collector’s  office  (here  insert  location  of  office), 
within  thirty  days  from  the  date  hereof. 

Dated  this . day  of . ,  A.  D.  187  . 

. Collector. 

Sec.  38.  It  shall  be  the  duty  of  the  Collector  into  whose  hands 
the  warrant  shall  so  come,  as  far  as  practicable,  to  call  upon  all  per¬ 
sons  resident  within  the  corporation  whose  names  appear  on  the 
assessment  roll,  or  the  occupants  of  the  property  assessed,  and  per¬ 
sonally,  or  by  written  or  printed  notice  left  at  his  or  her  usual  place 
of  abode,  inform  them  of  such  assessment,  and  request  payment  of 
the  same.  Any  such  Collector  omitting  so  to  do  shall  be  liable  to  a 
penalty  of  ten  dollars  for  every  such  omission,  but  the  validity  of 
the  special  assessment,  or  the  right  to  apply  for  and  obtain  judg¬ 
ment  for  any  such  special  [assessment],  shall  not  be  affected  by 
such  omission.  It  shall  be  the  duty  of  such  collector  to  write  the 
word  “  paid  ”  opposite  each  tract  or  lot  on  which  the  assessment  is 
paid,  together  with  the  name  and  post  office  address  of  the  person 
making  the  payment,  and  date  of  payment. 

Sec.  39.  It  shall  be  the  duty  of  the  Collector  of  Special 
Assessments,  within  such  time  as  the  City  Council  or  Board  of 


CITY  OF  BUNKER  HILL. 


45 


Trustees  may  by  ordinance  provide,  to  make  a  report  in  writing — 
to  the  general  officer  of  the  county  authorized,  or  to  be  designated 
by  the  general  revenue  law  of  this  State,  to  apply  lor  judgment  and 
sell  lands  for  taxes  due  the  county  and  State — of  all  the  lands,  town 
lots  and  real  property  on  which  he  shall  have  been  unable  to 
collect  special  assessments  with  the  amount  of  special  assess¬ 
ments  due  and  unpaid  thereon,  together  with  his  warrant  or 
with  a  brief  description  of  the  nature  of  the  warrant  or  warrants 
received  by  ffiim  authorizing  the  collection  thereof ;  which 
report  shall  be  accompanied  with  the  oath  of  the  Collector  that  the 
list  is  a  correct  return  and  report  of  the  lands,  town  lots  and  real 
property  on  which  the  special  assessments  levied  by  authority  of  the 

city  of .  (or  village  of. . ,  as  the  case  may  be,)  remain  due  and 

unpaid  ;  that  he  is  unable  to  collect  the  same  or  any  part  thereof, 
and  that  he  has  given  the  notice  required  by  law  that  said  warrants 
had  been  received  by  him  for  collection.  Said  report,  when  so 
made,  shall  be  prima  facie  evidence  that  all  the  forms  and  require¬ 
ments  of  the  law  in  relation  to  making  said  return  have  been  com¬ 
plied  with,  and  that  the  special  assessments  mentioned  in  said  report 
are  due  and  unpaid.  And,  upon  the  application  for  judgment  upon 
such  assessment,  no  defense  or  objection  shall  be  made  or  heard 
which  might  have  been  interposed  in  the  proceeding  for  the  making 
of  such  assessment,  or  the  application  for  the  confirmation  thereof. 

Sec.  40.  When  said  general  officer  shall  receive  the  report  pro¬ 
vided  for  in  the  preceding  section,  he  shall  at  once  proceed  to  obtain 
judgment  against  said  lots,  parcels  of  lands  and  property  for  said 
special  assessments  remaining  due  and  unpaid,  in  the  same  manner 
as  is  or  may  be  by  law  provided  for  obtaining  judgment  against 
lands  for  taxes  due  and  unpaid  the  county  and  State  ;  and  shall  in 
the  same  manner  proceed  to  sell  the  same  for  the  said  special  assess¬ 
ments  remaining  due  and  unpaid.  In  obtaining  said  judgment  and 
making  said  sale,  the  said  officer  shall  be  governed  by  the  general 
revenue  laws  of  this  State,  except  when  otherwise  provided  herein. 

Sec.  41.  After  making  said  sales,  the  list  of  lots,  parcels  of  land 
and  property  sold  thereat  shall  be  returned  to  the  office  of  the  County 
Clerk,  and  redemption  may  be  made  as  provided  for  by  the  general 
revenue  law  of  the  State. 

Sec.  42.  If  the  Collector  shall  receive  any  monies  for  taxes  or 
assessments,  giving  a  receipt  therefor  for  any  land  or  parcel  of  land, 
and  afterwards  return  the  same  as  unpaid  to  the  State  officers 
authorized  to  sell  lands  for  taxes,  or  shall  receive  the  same  after 

making  such  return,  and  the  same  be  sold  for  tax  or  assessment 

6 


46 


CITY  OF  BUNKER  IIILL. 


which  has  been  so  paid  and  receipted  for  by  himself  or  his  clerks, 
he  and  his  bond  shall  be  liable  to  the  holder  of  the  certificate  given 
to  the  purchasers  at  the  sale,  for  double  the  amount  of  the  face  of 
the  certificate,  to  be  demanded  in  two  years  from  the  date  of  the  sale, 
and  recovery  in  any  court  having  jurisdiction  of  the  amount ;  and 
the  city  or  village  shall,  in  no  case,  be  liable  to  the  holder  of  such 
certificate. 

Sec.  43.  The  Collector  or  Collectors,  and  the  general  officer 
aforesaid,  to  whom  the  said  warrant  shall  be  returned,  shall  pay 
over  to  the  city  or  village  Treasurer  to  which  it  shall  belong  all 
moneys  collected  by  them,  respectively,  upon  or  by  virtue  of  such 
warrant,  or  upon  any  sale  for  taxes  or  otherwise,  at  such  time  or 
times,  and  in  such  manner  as  shall  be  prescribed  by  ordinance,  and 
shall  be  allowed  such  compensation  for  their  services  in  the  collec¬ 
tion  of  such  assessment  as  the  ordinances  of  the  city  or  village  may 
provide,  except  when  such  compensation  is  fixed  by  general  law. 

Sec.  44.  The  general  revenue  laws  of  this  State,  in  reference  to 
proceedings  to  recover  judgments  for  delinquent  taxes,  the  sale  of 
property  thereon,  the  execution  of  certificates  of  sale  and  deeds 
thereon,  the  force  and  effect  of  such  sales  and  deeds,  and  all  other 
laws  in  relation  to  the  enforcement  and  collection  of  taxes  and 
redemption  from  tax  sales,  except  as  herein  otherwise  provided, 
shall  be  applicable  to  proceedings  to  collect  such  special  assessment. 

Sec.  45.  Any  city  or  village  interested  in  the  collection  of  any 
tax  or  special  assessment,  may  become  a  purchaser  at  any  sale  of 
real  or  personal  property  to  enforce  the  collection  of  the  same,  and 
may,  by  ordinance,  authorize  and  make  it  the  duty  of  one  or  more 
city  or  village  officers  to  attend  such  sales,  and  bid  thereat  in  behalf 
of  the  corporation. 

Sec.  46.  If  any  assessment  shall  be  annulled  by  the  City  Coun¬ 
cil  or  Board  of  Trustees,  or  set  aside  by  any  court,  a  new  assess¬ 
ment  may  be  made  and  returned,  and  like  notice  given  and  proceed¬ 
ings  had,  as  herein  required  in  relation  to  the  first ;  and  all  parties 
in  interest  shall  have  the  like  rights,  and  the  City  Council  or  Board 
of  Trustees  and  court  shall  perform  like  duties  and  have  like  power 
in  relation  to  any  subsequent  assessment,  as  are  hereby  given  in 
relation  to  the  first  assessment. 

Sec.  47.  If,  in  any  case,  the  first  assessment  prove  insufficient,  a 
second  may  be  made  in  the  same  manner,  as  nearly  as  may  be,  and 
so  on,  until  sufficient  moneys  shall  have  been  realized  to  pay  for 
such  public  improvement.  If  too  large  a  sum  shall,  at  any  time,  be 


CITY  OF  BUNKER  HILL. 


47 


raised,  the  excess  shall  be  refunded  ratably  to  those  by  whom  it  was 
paid. 

Sec.  48.  If,  from  any  cause,  any  city  or  village  shall  fail  to  col¬ 
lect  the  whole  or  any  portion  of  any  special  assessment  which  may  be 
levied,  which  shall  not  be  canceled  and  set  aside  by  the  order  of 
any  court,  for  any  public  improvement  authorized  to  be  made  and 
paid  for  by  special  assessment,  the  City  Council  or  Board  of  Trus¬ 
tees  may,  at  any  time  within  five  years  after  the  confirmation  of  the 
original  assessment,  direct  a  new  assessment  to  be  made  upon  the 
delinquent  property  for  the  amount  of  such  deficiency,  and  interest 
thereon  from  the  date  of  such  original  assessment — which  assess¬ 
ment  shall  be  made,  as  near  as  may  be,  in  the  same  manner  as  is 
herein  prescribed  for  the  first  assessment.  In  all  cases  where  par¬ 
tial  payment  shall  have  been  made  on  such  former  assessment,  they 
shall  be  credited  or  allowed  on  the  new  assessment  to  the  property 
for  which  they  were  made,  so  that  the  assessment  shall  be  equal  and 
impartial  in  its  results.  If  such  new  assessment  prove  ineffectual, 
either  in  whole  or  in  part,  the  City  Council  or  Board  of  Trustees 
may,  at  any  time  within  said  period  of  five  years,  order  a  third,  and 
so  on,  to  be  levied  in  the  same  manner  and  for  the  same  purpose  ; 
and  it  shall  constitute  no  legal  objection  to  such  assessment  that  the 
property  may  have  changed  hands,  or  been  encumbered,  subsequent 
to  the  date  of  the  original  assessment,  it  being  the  true  intent  and 
meaning  of  this  section  to  make  the  cost  and  expense  of  all  public 
improvements,  to  be  paid  for  by  a  special  assessment,  a  charge  upon 
the  property  assessed  therefor,  for  the  full  period  of  five  years,  from 
the  confirmation  of  the  original  assessment,  and  for  such  longer 
period  as  may  be  required  to  collect,  in  due  course  of  law,  any  new 
assessment  ordered  within  that  period. 

Sec.  49.  All  persons  taking  any  contracts  with  the  city  or  vil¬ 
lage,  and  who  agree  to  be  paid  from  special  assessments,  shall  have 
no  claim  or  lien  upon  the  city  or  village  in  any  event,  except  from 
the  collection  of  the  special  assessments  made  for  the  work  con¬ 
tracted  for. 

Skc.  50.  All  contracts  for  the  making  of  any  public  improve¬ 
ment,  to  be  paid  for  in  whole  or  in  part  by  a  special  assessment, 
and  any  work  or  other  public  improvement,  when  the  expense 
thereof  shall  exceed  five  hundred  dollars,  shall  be  let  to  the  lowest 
responsible  bidder,  in  the  manner  to  be  prescribed  by  ordinance — 
such  contracts  to  be  approved  by  the  Mayor  or  President  of  the 
Board  of  Trustees  :  Provided ,  however ,  any  such  contract  may  be 
entered  into  by  the  proper  officer,  without  advertising  for  bids,  and 


48 


CITY  OF  BUNKER  HILL. 


without  such  approval,  by  a  vote  of  two-thirds  of  all  the  Aldermen 
or  Trustees  elected. 

Sec.  51.  All  special  assessments  levied  by  any  city  or  village 
under  this  act,  shall,  from  the  date  of  assessment,  be  a  lien  upon  the 
real  estate  upon  which  the  same  may  be  imposed,  and  such  lien 
shall  continue  until  such  special  assessments  are  paid.  And  the 
same  proceedings  may  be  resorted  to  by  the  Collector,  upon  any 
warrant  or  order  issued  or  made  for  the  collection  of  special  assess^ 
ments.  as  in  the  case  of  the  collection  of  State  and  county  taxes 
under  the  general  laws  of  the  State. 

Sec.  52.  At  any  time  after  the  same  becomes  due,  it  shall  and 
may  be  lawful  for  any  Collector  thereof  to  commence  suit  in  any 
court  of  record,  in  the  corporate  name  of  such  city  or  village, 
against  any  person  or  persons,  for  the  total  amount  of  special  assess¬ 
ments  which  such  person  or  persons  are  liable  for  the  payment  of. 
Such  suit  shall  be  commenced  by  petition,  and  shall  state  the  sev¬ 
eral  amounts  of  the  special  assessments  sought  to  be  recovered,  and 
give  a  general  description  of  the  warrant  or  warrants  issued  for  the 
collection  thereof.  Upon  the  filing  of  the  petition  a  summons  shall 
be  issued,  served  and  returned  as  in  other  suits  in  such  court.  Upon 
the  return  of  such  summons,  duly  served,  the  court  shall  forthwith 
proceed  to  the  hearing  of  said  petition  without  formal  pleadings, 
and  may  render  judgment  for  all  or  any  part  of  the  special  assess¬ 
ments,  as  the  right  and  justice  of  the  case  may  require.  The  origi¬ 
nal,  or  a  certified  copy  (by  the  Clerk,  under  the  corporate  seal,)  of 
such  warrant  or  warrants  and  list  or  lists,  or  so  much  thereof  as 
refers  to  the  special  assessments  sought  to  be  recovered,  shall  be 
prima  facia  evidence  of  the  right  of  said  Collector  to  a  judgment  in 
favor  of  such  corporation.  Execution  shall  issue  on  such  judgment 
as  in  other  cases,  but  such  execution  may  be  first  levied  upon  and 
collected  from  any  personal  property  of  the  defendant ;  or  the  court, 
in  which  such  proceedings  were  had,  may,  upon  complaint  of  the 
city  or  village,  issue  a  scire  facias  against  the  person  or  persons  lia¬ 
ble  for  such  payment,  to  show  cause  why  execution  should  not  issue 
against  him  or  them  for  the  amount  of  such  assessment ;  and  if, 
upon  the  return  of  such  scire  facias ,  good  cause  is  not  shown  why 
execution  should  not  issue,  the  court  may  award  execution  against 
such  person  or  persons  in  the  usual  form  of  execution  upon  judg¬ 
ments  at  law. 

Sec.  53.  Whenever  any  citv  or  village  shall  apply  to  any  court 
for  the  purpose  of  making  just  compensation  for  property  taken  or 
damaged  by  such  proceedings  as  are  authorized  by  this  act,  such 


CITY  OF  BUNKER  HILL. 


49 


city  or  village  may  file  in  the  same  proceeding  a  supplemental  peti¬ 
tion,  praying  the  court  to  cause  that  an  assessment  be  made  for  the 
purpose  of  raising  the  amount  necessary  to  pay  the  compensation 
and  damages  which  may  be  awarded  for  the  property  taken  or  dam¬ 
aged,  with  the  costs  of  the  proceeding,  and  when  it  may  be  desira¬ 
ble  so  to  do,  also  including  the  cost  of  making  the  improvement  for 
which  the  property  is  taken  or  damaged.  When  such  supplemental 
petition  is  filed,  like  proceedings  shall  be  had,  and  the  assessment 
made,  collected  and  enforced  in  the  same  manner,  as  near  as  may 
be,  as  is  provided  in  this  article  in  other  cases. 

Sec.  54.  Any  city  or  incorporated  town  or  village  may,  if  it  shall 
so  determine  by  ordinance,  adopt  the  provisions  of  this  article  without 
adopting  the  whole  of  this  act ;  and  where  it  shall  have  so  adopted 
this  article,  it  shall  have  the  right  to  take  all  proceedings  in  this  arti¬ 
cle  provided  for,  and  have  the  benefit  of  all  the  provisions  hereof. 

ARTICLE  X. 

(MISCELLANEOUS  PROVISIONS)— WATER. 

% 

Section  i.  The  City  Council  or  Board  of  Trustees  shall  have 
power  to  provide  for  a  supply  of  water  by  the  boring  and  sinking  of 
artesian  wells,  or  by  the  construction  and  regulation  of  wells,  pumps, 
cisterns,  reservoirs  or  water  works,  and  to  borrow  money  therefor, 
and  to  authorize  any  person  or  private  corporation  to  construct  and 
maintain  the  same  at  such  rates  as  may  be  fixed  by  ordinance,  and 
for  a  period  not  exceeding  thirty  years  ;  also  to  prevent  the  unnec¬ 
essary  waste  of  water  ;  to  prevent  the  pollution  of  the  water,  and 
injuries  to  such  wells,  pumps,  cisterns,  reservoirs  or  water  works. 

Sec.  2.  For  the  purpose  of  establishing  or  suppying  water 
works,  any  city  or  village  may  go  beyond  its  territorial  limits,  and 
may  take,  hold  and  acquire  property  by  purchase  or  otherwise  ; 
shall  have  the  power  to  take  and  condemn  all  necessary  lands  or 
property  therefor,  in  the  manner  provided  for  the  taking  or  injuring 
private  property  for  public  uses  ;  and  the  jurisdiction  of  the  city  or 
village  to  prevent  or  punish  any  pollution  or  injury  to  the  stream  or 
source  of  water,  or  to  such  water  works,  shall  extend  five  miles  be¬ 
yond  its  corporate  limits,  or  so  far  as  such  waterworks  may  extend. 

Sec.  3.  The  City  Council  or  Board  of  Trustees  shall  have 

power  to  make  all  needful  rules  and  regulations  concerning 

the  use  of  water  supplied  by  the  water  works  of  said  city 
or  village,  and  to  do  all  acts  and  make  such  rules  and 

regulations  for  the  construction,  completion,  management  or 

control  of  the  water  works,  and  for  the  levying  and  collect- 


50 


CITY  OF  BUNKER  HILL. 


ing  of  any  water  taxes,  rates  or  assessments,  as  the  said  City 
Council  or  Board  of  Trustees  may  deem  necessary  and  expedient ; 
and  such  water  taxes,  rents,  rates  or  assessments  may  be  levied  or 
assessed  upon  any  lot  or  parcel  of  ground,  having  a  building  or 
buildings  thereon,  which  shall  abut  or  adjoin  any  street,  avenue  or 
alley  in  such  city  or  village  through  which  the  distributing  pipes  of 
such  water  works  (if  any)  of  said  city  or  village  are  or  may  be  laid, 
which  can  be  conveniently  supplied  with  water  from  said  pipes  : 

'  Provided ,  the  water  shall  be  used  on  such  lot  or  parcel  of  ground 
or  not ;  and  the  same,  when  so  levied  or  assessed,  shall  become  a 
continuing  lien  or  charge  upon  such  lot  or  parcel  of  ground,  build¬ 
ing  or  buildings  situated  thereon,  and  such  lien  or  charge  may  be 
collected  or  enforced  in  such  manner  as  the  City  Council  may,  by 
ordinance,  prescribe.  And  the  corporate  authorities  may  levy  a 
general  tax  for  the  construction  and  maintenance  of  such  water 
works,  and  appropriate  money  therefor. 

Skc.  4.  A  suit  may  be  brought  by  any  tax  payer,  in  the  name 
and  for  the  benefit  of  the^city  or  village,  against  any  person  or  cor¬ 
poration,  to  recover  any  money  or  property  belonging  to  the  city  or 
village,  or  for  any  money  which  may  have  been  paid,  expended 
or  released  without  authority  of  law  :  Provided ,  that  such  tax  payer 
shall  file  a  bond  for  all  costs,  and  be  liable  for  all  costs  in  case  the 
city  or  village  be  cast  in  the  suit,  and  judgment  shall  be  rendered 
accordingly. 

Sec.  5.  The  City  Council  or  Board  of  Trustees  shall  have 
power  to  provide,  by  ordinance,  that  any  map,  plat,  or  subdivision 
of  any  block,  lot,  sub-lot,  or  part  thereof,  or  of  any  piece  or  parcel 
of  land,  shall  be  submitted  to  the  City  Council  or  Board  of 
Trustees,  or  to  some  officer  to  be  designated  by  such  Council  or 
Board  of  Trustees,  for  their  or  his  approval  ;  and  in  such  cases  no 
such  map,  plat  or  subdivision  shall  be  entitled  to  record  in  the  proper 
county,  or  have  any  validity  until  it  shall  have  been  so  approved. 

Sec.  6.  No  person  shall  be  an  incompetent  judge,  justice  or 
juror,  by  reason  of  his  being  an  inhabitant  or  freeholder  in  said  city 
or  village,  in  any  action  or  proceeding  in  which  said  city  or  village 
may  be  a  party  in  interest. 

Sec.  7*  Whenever  in  this  act  any  provision  thereof  is  based 
upon  the  number  of  inhabitants,  [the  number  of  inhabitants]  of  the 
city  or  village  shall  be  determined  by  reference  to  the  latest  census 
taken  by  authority  of  the  United  States  or  this  State,  or  of  such  city 
or  village  ;  and  it  shall  be  the  duty  of  the  Secretary  of  State,  upon 
the  publication  of  any  State  or  United  States  census,  to  certify  to 


CITY  OF  BUNKER  HILL. 


51 


each  city  or  village  the  number  of  inhabitants,  as  shown  by  such 
census.  Any  city  or  village  may,  by  ordinance,  provide  for  the 
taking  of  a  census  of  the  population  thereof,  in  order  to  determine 
the  number  of  such  population  for  any  and  all  purposes  of  this  act. 
And  the  several  courts  in  this  State  shall  take  judicial  notice  of  the 
population  of  any  city  or  village,  as  the  same  may  appear  from  the 
latest  federal,  State,  city  or  village  census  so  taken. 

Sec.  8  The  term  u  municipal  year”  shall  be  construed  to  mean 
the  period  elapsing  between  the  regular  annual  elections,  unless 
otherwise  provided  by  ordinance. 

Sec.  9.  When  in  any  suit  the  city  or  village  prays  an  appeal 
from  the  judgment  of  any  court  of  this  State  to  a  higher  court,  it 
shall  not  be  required  to  furnish  an  appeal  bond. 

Approved  April  10,  1872. 


\ 


U.  Of  (ILL. 


.A^UNT  ORDINANCE 

IN  RELATION  TO  THE  PUBLICATION  OF  THE  ORDINANCES  OF  THE 

CITY  OF  BUNKER  HILL,  ILLINOIS. 

Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker  Hill :  That 
the  following  ordinances,  entitled  as  follows,  viz — Relating  to  Boun¬ 
daries  ;  Elections  ;  Officers  ;  Road  Labor  ;  Fire  Limits  ;  Nuisances  ; 
Shows,  Peddlers  and  Auctioneers  ;  Groceries  and  Billiard  Rooms  ; 
Misdemeanors  ;  Dogs  ;  Police  Department ;  Health  Department ; 
Horses,  Cows,  Swine  and  other  animals  ;  Grade  of  Street ;  Fees 
and  Salaries  ;  Suits  and  Process  ;  Meetings  and  Ordinances — shall 
constitute  the  ordinances  of  the  City  of  Bunker  Hill,  and  shall  be 
published  in  book  or  pamphlet  form,  with  the  certificate  of  the  City 
Clerk  under  the  corporate  seal  of  the  city.  When  so  published  the 
City  Clerk  shall  post  five  copies  of  the  same  in  five  public  places  in 
the  city.  Ten  days  after  so  posted  these  ordinances  shall  be  in  full 
force  and  effect. 

Passed  May  12,  1873.  A pfroved. 


J.  F.  CUMMINGS,  Mayor. 


ORDINANCES. 


AN  ORDINANCE  IN  RELATION  TO  BOUNDARIES. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Bun¬ 
ker  Hill :  That  the  boundaries  of  said  City  of  Bunker  Hill  shall  be 
defined  as  follows,  to-wit :  Beginning  at  the  southwest  corner  of 
section  fourteen  (14),  in  township  No.  seven  (7),  north,  range  No. 
eight  (8),  west  of  the  third  principal  meridian,  and  running  one- 
half  mile  north,  to  the  northwest  corner  of  the  southwest  quarter  of 
said  section  fourteen  (14)  ;  thence  east  one  mile  on  half  section  line 
to  the  northeast  corner  of  southeast  quarter  of  said  section  fourteen 
(14)  ;  thence  south  one  mile  on  said  section  line  to  the  southeast  cor¬ 
ner  of  the  northeast  quarter  of  section  twenty-three  (23)  ;  thence 
west  one  mile  on  half  section  line  to  the  southwest  corner  of  north¬ 
west  quarter  of  said  section  twenty-three  (23)  ;  thence  north  one-half 
mile  to  the  northwest  corner  of  northwest  quarter  of  said  section 
twenty-three  (23),  in  said  township,  the  place  of  beginning. 

Passed  May  12,  1873.  A pproved. 

J.  F.  CUMMINGS,  Mayor . 


AN  ORDINANCE  RELATING  TO  ELECTIONS. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Bun¬ 
ker  Hill :  That  all  elections  shall  be  held  at  the  City  Hall.  The  polls 
shall  open  at  one  o’clock  and  close  at  seven  o’clock  p.  m.  The 
Aldermen  shall  be  elected  by  cumulative  vote. 

Sec.  2.  At  the  general  election  held  in  eighteen  hundred  and 
seventy-three,  and  quadrienially  thereafter,  a  Police  Magistrate  shall 
be  elected. 

Passed  May  12,  1873.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  OFFICERS. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Bun¬ 
ker  Hill :  That  the  officers  of  the  city  shall  give  bonds  for  the  faith¬ 
ful  performance  of  their  duties  in  the  following  sums,  viz  :  Mayor, 


54. 


CITY  OF  BUNKER  HILL. 


three  thousand  dollars  ;  Clerk,  fifteen  hundred  dollars  ;  Attorney, 
five  hundred  dollars  ;  Treasurer,  three  thousand  dollars  ;  City  Mar¬ 
shal,  one  thousand  dollars  ;  Superintendent  of  Streets,  five  hundred 
dollars. 

Sec.  2.  The  City  Attorney  shall  appear  for  the  city  in  all  suits 
in  which  it  may  be  interested,  and  shall  advise  all  officers  of  the  city 
in  relation  to  their  duties,  when  requested  so  to  do  ;  shall  draft  all 
ordinances,  bonds,  contracts,  leases,  conveyances,  and  such  other 
instruments  of  writing  as  may  be  required  by  the  business  of  the 
city  ;  and  for  a  failure  to  attend  to  any  suit  after  being  notified  of  the 
time  and  place  of  trial  by  the  Mayor  or  any  officer  of  the  city,  he 
shall  forfeit  and  pay  the  sum  of  five  dollars  for  each  offense. 

Sec.  3.  The  Police  Magistrate,  before  whom  any  suits  may  be 
brought  in  the  name  of  the  city,  for  the  recovery  of  any  fines,  or 
penalties,  shall,  quarterly,  on  the  first  Monday  in  July,  October,  Jan¬ 
uary  and  April  in  each  year,  report  to  the  City  Council  a  list  of  all 
suits  brought  in  the  name  of  the  city,  since  his  last  report,  with  the 
disposition  made  of  each  case,  the  amount  of  the  fine  imposed,  if 
any,  the  name  of  the  officer  charged  with  the  collection  of  the  same, 
by  whom,  and  the  amount  collected  ;  also,  the  amount  collected  since 
his  last  report  upon  any  judgment,  for  any  fine  rendered  prior  to 
such  report ;  and  he  shall  pay  all  moneys  collected  by  him  on 
account  of  the  city,  into  the  city  treasury  as  fast  as  collected. 

Sec.  4.  The  City  Marshal  shall  enforce  a  due  observance  of  the 
ordinances  of  said  city,  and  shall  arrest,  either  with  or  without 
special  warrant,  any  person  or  persons  who  may  be  found  engaged 
in  fighting,  rioting,  or  violating  any  ordinance  of  said  city  ;  and 
bring  such  person  or  persons  before  the  Police  Magistrate,  or  other 
officer  authorized  to  hear  and  determine  such  case,  to  be  dealt  with 
according  to  law.  If  necessary  he  may  detain  such  person  or  per¬ 
sons  in  custody  or  in  the  calaboose  over  night  or  Sunday,  or  until 
they  can  be  brought  before  the  proper  magistrate.  He  shall,  at  least 
once  in  each  month,  pay  over  to  the  Treasurer  all  money  which  he 
may  then  have  in  his  hands  belonging  to  said  city.  He  shall  also 
perform  such  other  duties  as  may  be  required  of  him  by  the  by-laws 
or  ordinances  of  said  city,  or  the  laws  of  this  State. 

Sec.  5.  The  Superintendent  of  Streets  shall  superintend  the 
opening  and  keeping  in  repair  of  all  the  streets,  alleys  and  roads 
within  the  limits  of  said  city.  For  this  purpose  it  shall  be  his  duty 
to  notify  all  persons  in  said  city,  liable  to  perform  road  labor,  to 
labor  the  number  of  days  required  by  ordinance  on  said  streets, 
alleys  and  roads,  at  least  two  days  before  such  labor  is  required  to  be 


CITY  OF  BUNKER  HILL. 


55 


done.  He  shall  call  out  not  less  than  ten  persons  to  labor  at  the 
same  time,  and  shall  require  them  to  labor  with  reasonable  diligence 
for  at  least  eight  hours  on  each  day  prescribed  by  ordinance,  and 
shall  report  the  name  and  amount  of  labor  due  from  each  person 
who  shall  fail  or  refuse  to  perform  the  same,  to  the  City  Council,  at 
the  first  meeting  thereof  after  such  failure  or  refusal.  He  shall, 
also,  immediately  after  seeing  or  being  informed  of  any  nuisance 
being  in  said  city,  or  obstruction  in  any  of  the  streets,  alleys  or  roads 
therein,  contrary  to  the  ordinances  thereof,  notify  the  person  or  per¬ 
sons  causing  or  owning  the  said  nuisance  or  obstruction  to  remove 
the  same  ;  and  if  such  person  or  persons  shall  fail  or  refuse  to  do  so 
within  the  time  prescribed  by  ordinance,  he  shall  employ  some  other 
person  to  remove  the  same  as  soon  as  possible,  and  shall  report  the 
name  or  names  of  the  person  or  persons  causing  the  same,  to  the 
City  Council  at  the  first  meeting  thereof  after  the  removal  of  such 
nuisance  or  obstruction.  He  shall  also  make  a  report  each  month 
to  the  City  Council  of  all  money  received  by  him  in  lieu  of  road 
labor,  and  pay  the  same  to  the  Treasurer. 

Passed  May  12 ,  1873.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  IN  RELATION  TO  ROAD  LABOR. 

Section  i.  Be  ii  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill:  That,  for  the  purpose  of  keeping  the  streets,  alleys  and  roads 
in  the  City  of  Bunker  Hill  in  good  repair,  every  able  bodied  male 
inhabitant  of  said  city,  between  the  ages  of  twenty-one  and  fifty  years, 
shall  be  required  to  perform  road  labor  on  said  streets,  alleys  and 
roads,  under  the  direction  of  the  Street  Superintendent,  for  the  num¬ 
ber  of  days  in  each  year  which  the  City  Council  shall  direct,  not 
exceeding  three  days  in  any  one  year,  or  to  pay  the  sum  of  one  dol¬ 
lar  for  each  day  such  person  may  fail  to  labor,  which  sum  may  be 
paid  to  the  Street  Superintendent,  and  his  receipt  therefor  shall  be  a 
full  discharge  of  such  liability  for  that  year.  All  persons  liable  to 
perform  such  labor,  shall  attend  at  the  time  and  place  at  which  they 
shall  be  notified  by  the  Street  Superintendent  to  do  so,  either  by 
themselves  or  their  substitutes,  with  such  tools  as  may  be  necessary  ; 
and  shall  labor  with  reasonable  diligence  for  at  least  eight  hours  in 
each  day  they  are  required  to  labor,  and  shall,  in  the  performance 
of  such  labor,  obey  the  reasonable  directions  of  the  Street  Superin¬ 
tendent.  For  a  failure  to  perform  such  labor,  after  having  been  duly 


56 


CITY  OF  BUNKER  HILL. 


notified  by  the  Street  Superintendent  to  do  so,  each  person  so  failing 
shall  forfeit  and  pay  the  sum  of  one  dollar  for  each  day’s  failure. 
For  a  refusal  to  obey  the  reasonable  orders  of  the  Street  Superin¬ 
tendent,  each  person  so  refusing  shall  forfeit  and  pay  the  sum  of  five 
dollars  ;  both  said  penalties  to  be  recovered,  together  with  costs  of 
suit,  as  other  forfeitures  under  the  ordinances  of  said  city.  Provi¬ 
ded,  That  no  person  who  can  satisfy  the  Street  Superintendent  by 
the  certificate  or  receipt  of  any  Supervisor  of  Roads,  or  by  other 
evidence,  that  he  has  discharged  his  road  labor  in  any  other  town 
or  county  in  this  State,  or  in  another  State  for  the  year  he  has  been 
notified  to  labor  in  this  city,  shall  be  required  to  perform  such  labor  : 
And  provided ,  also.  That  the  members  of  the  City  Council  shall  be 
exempt  from  road  labor. 

Sec.,  2.  That,  to  facilitate  the  travel  to  and  from  the  city,  the 
City  Council  may,  with  the  consent  of  the  Commissioners  of  High¬ 
ways  of  the  township,  keep  the  roads  leading  to  the  city  in  repair 
for  the  distance  of  one  half  mile  from  the  city  limits,  said  City 
Council  to  have  full  control  of  said  roads. 

Passed  May  12,  i8yj.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  FIRE  LIMITS. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  all  that  part  of  the  City  of  Bunker  Hill  embraced  with¬ 
in  the  following  lots,  viz  :  Lots  Nos.  103,  104,  105,  106,  107,  108, 

109,  no,  in,  1 1 2,  1 13,  1 14,  123,  124,  125,  126,  127,  128,  129,  130, 

I3I>  i32»  '33>  r34>  >5^  *52>  i53>  *54*  r55>  i56>  i57>  rS8>  J59>  l6o> 

161,  162,  171,  172,  173,  174,  175,  176,  177,  178,  179,  180,  181,  182, 

with  such  other  parts  of  said  city  as  may  hereafter,  from  time  to 
time,  be  added  thereto,  by  ordinance,  shall  constitute  and  be  known 
as  the  fire  limit. 

Sec.  2.  No  building  or  part  of  a  building  shall  be  erected  with¬ 
in  the  fire  limits  without  permission  of  the  City  Council,  unless  all 
the  outside  walls  shall  be  built  of  stone,  brick  or  other  fire  proof 
materials,  and  all  wooden  lintels  or  plate  pieces  used  in  construction 
of  same,  shall  recede  from  the  outside  of  the  wall  at  least  four  inch¬ 
es,  or  when  they  shall  not  so  recede,  shall  be  of  stone,  iron,  or  cov¬ 
ered  with  fire  proof  material. 

Sec.  3.  Buildings  built  of  wood,  and  used  exclusively  for  private 
dwelling  houses,  may  be  repaired,  but  shall  not  be  raised  or  en- 


CITY  OF  BUNKER  HILL. 


57 


larged,  nor  shall  any  such  wooden  buildings  or  part  of  wooden 
buildings,  within  the  fire  limit,  be  removed  to  any  other  place 
within  the  same,  nor  shall  any  such  building  or  part  of  building  be 
removed  into  from  without  the  same,  nor  shall  any  wooden  building 
within  the  fire  limit,  which  may  become  damaged  to  the  amount  of 
fifty  per  cent,  of  the  value  thereof,  by  fire  or  other  casualty,  be 
repaired  or  rebuilt ;  nor  shall  any  such  buildings,  when  the  damage 
thereto  is  less  than  fifty  per  cent,  of  its  value,  be  so  repaired  as  to  be 
raised  higher  than  the  highest  point  left  standing  after  such  damage 
shall  have  occurred,  or  to  occupy  a  greater  space  than  before  the 
injury  thereto  :  Provided ,  such  improvements  may  be  made  by  the 
permission  of  the  City  Council. 

Sec.  4.  The  extent  of  damage  that  may  be  done  to  any  such  build¬ 
ing  by  fire,  or  other  casualty,  may  be  determined  by  three  disinterested 
citizens  of  the  city  ;  one  of  whom  shall  be  selected  by  the  owner  of 
the  building,  or  his  agent,  the  second  by  the  Mayor,  and  the  two 
chosen  shall  select  a  third,  and  their  decision  shall  be  final  and  con¬ 
clusive. 

Sec.  5.  Any  building  which  may  be  in  process  of  erection,  rais¬ 
ing,  enlargement,  removal,  or  repair,  contrary  to  any  provision 
hereof,  shall  be  deemed  and  is  hereby  declared  a  nuisance,  and  the 
Mayor  shall,  upon  information  of  such  violation,  give  due  and  rea¬ 
sonable  notice  to  the  owner  or  builder  of  such  building,  to  abate, 
remedy  or  remove  the  same,  or  such  part  thereof  as  may  be  neces¬ 
sary,  and  upon  his  failure  to  comply  with  said  notice,  the  Mayor 
shall,  by  an  order  in  writing,  require  the  City  Marshal  to  remove 
such  building,  or  such  part  thereof  as  may  be  necessary,  and  report 
the  costs  of  such  removal,  upon  oath,  to  the  City  Council  for  allow¬ 
ance,  and  such  costs  may  be  collected  of  the  owner  or  builder  of 
such  building,  liable  therefor  by  suit  in  the  name  of  the  city,  before 
any  Court  having  jurisdiction. 

Sec.  6.  The  placing  of  any  stack,  rick  or  pile  of  hay,  straw, 
shavings  or  other  material  of  an  inflammable  nature  within  the  fire 
limits,  unless  the  same  is  within  some  enclosed  building,  is  hereby  de¬ 
clared  a  nuisance.  Any  person  placing  any  of  the  above  materials 
within  the  fire  limits,  except  the  same  is  within  some  enclosed  build¬ 
ing,  shall  remove  the  same  within  twenty-four  hours  (after  being  noti¬ 
fied  by  the  Mayor  or  other  officer)  under  a  penalty  of  not  less  than 
twenty  -dollars. 

Passed  May  12 ,  1873.  Approved. 


J.  F.  CUMMINGS,  Mayor. 


58 


CITY  OF  BUNKER  HILL. 


AN  ORDINANCE  IN  RELATION  TO  NUISANCES. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  any  premises,  or  any  part  thereof  which  may  be  nau¬ 
seous,  foul  or  offensive  to  the  neighborhood,  or  to  any  persons  or 
family  residing  near  the  same,  or  to  persons  passing  along  any  street 
or  alley  near  the  same,  or  in  such  a  condition  as  to  be  detrimental 
or  obnoxious  to  the  public  health  or  comfort,  shall  be  deemed  a  nui¬ 
sance,  and  any  owner  or  occupant  of  such  premises  who  shall  neg¬ 
lect  or  refuse  to  abate,  remedy  or  remove  such  nuisance,  or  cleanse 
such  premises  after  notice  thereof  by  the  Superintendent  of  Streets, 
the  City  Marshal  or  any  person  aggrieved  thereby,  shall  forfeit  and 
pay  the  sum  of  three  dollars  for  each  day  he  shall  so  neglect  or  re¬ 
fuse  to  abate,  remove,  remedy  or  cleanse  the  same  after  such  notice. 

Sec.  2.  Any  nauseous,  foul,  offensive  or  putrid  liquid  or  sub¬ 
stance,  or  any  liquid  or  substance  likely  to  become  nauseous, 
foul,  offensive  or  putrid,  which  may  be  discharged,  placed  or 
thrown,  or  flow  from,  or  out  of  any  premises  into  any  street  or  alley, 
or  into  any  adjacent  premises,  is  hereby  declared  a  nuisance,  and 
whoever  shall  throw,  place  or  discharge  any  such  nauseous,  foul, 
offensive  or  putrid  liquid  or  substance,  or  any  liquid  or  substance 
likely  to  become  nauseous,  foul,  offensive  or  putrid,  into  any  street 
or  alley,  or  into  an  adjacent  premises,  or  shall  permit  any  such  nui¬ 
sance  to  be  discharged,  or  to  flow  from,  or  out  of  any  premises 
owned  or  occupied  by  him,  or  under  his  control,  into  any  street  or 
alley,  or  into  any  adjacent  premises,  shall  forfeit  and  pay  the  sum  of 
three  dollars,  and  a  like  sum  for  each  day  he  shall  not  abate,  remedy 
or  remove  the  same  after  notice  thereof  by  the  Street  Superintend¬ 
ent,  City  Marshal,  or  any  person  aggrieved  thereby. 

Sec.  3.  Any  person  who  shall  knowingly  suffer  any  dead  ani¬ 
mal,  belonging  to  him,  or  her,  to  remain  within  the  city,  or  within 
one  half  mile  thereof,  so  as  to  be,  or  be  likely  to  become  putrid  and 
nauseous,  or  offensive  to  any  person  residing  within  the  city,  shall 
be  deemed  guilty  of  a  nuisance,  and  shall  forfeit  and  pay  the  sum  of 
three  dollars,  and  a  like  sum  for  each  day  he  shall  not  abate,  remedy 
or  remove  the  same. 

Sec.  4.  When  any  nuisance  or  anything  likely  to  become  a  nui¬ 
sance,  shall  be  found  by  the  Street  Superintendent  or  the  City  Mar¬ 
shal,  or  shall  be  reported  to  them,  the  author,  owner  or  cause  of 
such  nuisance,  shall  forthwith  be  notified  to  abate,  remove  or  rem¬ 
edy  the  same,  and  in  case  he  shall  not  comply  with  such  notice,  the 
officer  shall  abate  such  nuisance  and  bring  suit  against  such  person 


CITY  OF  BUNKER  HILL. 


59 


in  the  name  of  the  city  for  the  penalty  ;  and  costs  of  removal  or 
abatement,  may  also  be  recovered  with  the  penalty  or  by  a  separate 
suit  in  the  name  of  the  city  before  the  Police  Magistrate,  or  in  his 
absence  or  inability  to  act,  before  any  justice  of  the  peace  in  the 
City  of  Bunker  Hill. 

Sec.  5.  That  any  chimney,  flues,  fire-place,  stove  pipes,  ovens 
or  other  apparatus  used  in  or  about  any  building,  or  manufactory, 
which  may  be  constructed  so  as  to  endanger  the  property  adjoining 
by  fire,  may  be  declared  to  be  a  nuisance  ;  and  any  owner  or  occu¬ 
pant  of  said  building  or  manufactory,  who  shall  neglect  or  refuse  to 
abate,  remedy  or  remove  such  nuisance,  after  an  order  of  the  City 
Council  having  been  served  on  him  requiring  him  to  abate,  remove 
or  remedy  the  same,  shall  forfeit  and  pay  the  sum  of  twenty  dollars. 

Passed  May  12 ,  i8yj.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  SHOWS,  PEDDLERS 

AND  AUCTIONEERS. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  any  person  or  persons  wishing  to  exhibit  any  public 
show  or  wax  figures,  puppets,  animals,  or  other  thing,  or  to  perform 
any  feats,  such  as  circus  riding,  dancing  on  ropes  or  wire,  tricks  of 
ledgerdemain,  sleight  of  hand,  or  any  theatrical  or  other  perform¬ 
ance  where  money  is  charged  or  paid  for  admission,  such  person  or 
persons  shall  apply  to  the  Clerk  of  said  city  for  license,  who  shall 
issue  such  license,  upon  the  payment  of  a  sum  not  less  than  three 
nor  more  than  one  hundred  dollars,  into  the  Treasury  of  said  city, 
for  every  twenty-four  hours  during  which  such  exhibition  or  per¬ 
formance  shall  be  continued  in  said  city  ;  and  also  the  fees  of  said 
Clerk  for  issuing  the  same.  The  time  for  which  the  license  is 
granted  shall  be  specified  in  the  same  :  Provided ,  however ,  That  the 
Clerk  may  grant  such  licenses  for  musical  concerts,  or  lectures  on 
scientific  subjects,  free  of  charge. 

Sec.  2.  If  any  person  or  persons  shall  exhibit  any  show  or  per¬ 
formance  enumerated  in  the  foregoing  section,  in  said  city,  without 
having  first  obtained  a  license  as  aforesaid,  such  person  or  persons 
so  offending  shall,  on  conviction  thereof,  forfeit  and  pay  for  each 
offence  the  sum  of  not  less  than  ten  nor  more  than  one  hundred  dol¬ 
lars  ;  and  the  further  sum  of  fifty  dollars  for  each  twelve  hours 
during  which  such  show  or  performance  shall  be  continued. 


60 


CITY  OF  BUNKER  HILL. 


Sec.  3.  Any  person  not  a  tax  payer  in  the  City  of  Bunker  Hill, 
wishing  to  expose  for  sale  at  public  auction,  or  peddle  within  the 
limits  of  said  city,  any  goods,  wares  or  merchandise,  the  sale  of  which 
is  not  prohibited  by  ordinance,  shall  apply  to  the  Clerk  of  said  city 
for  license  ;  which  license  said  Clerk  is  hereby  authorized  to  issue, 
upon  payment  into  the  Treasury  of  said  city  of  a  sum  not  less  than 
one  nor  more  than  fifty  dollars,  and  of  his  fees  for  issuing  the  same  ; 
specifying  in  such  license  the  time  for  which  the  same  is  granted. 

And  any  person  or  persons  who  shall  hereafter  violate  the  provis¬ 
ions  of  this  section  by  selling  or  peddling  any  such  goods,  wares  or 
merchandise  in  said  city,  without  first  obtaining  license  to  do  so, 
shall,  on  conviction  thereof,  forfeit  and  pay  the  sum  of  not  less  than 
five  nor  more  than  fifty  dollars,  for  each  day,  or  part  of  a  day, 
during  which  they  shall  sell  or  peddle  such  goods,  wares  or  mer¬ 
chandise  without  license  :  Provided ,  however ,  That  the  provisions 
of  this  section  shall  not  apply  to  any  sale  of  property  under  process 
of  law,  or  to  the  sale  of  furniture  or  household  goods  by  any  family  : 
Provided ,  also ,  That  any  person,  whether  a  tax  payer  or  not,  wishing 
to  carry  on  a  regular  auction  business  in  said  city  may  obtain  a 
license  therefor,  from,  and  by  agreement  with  the  City  Council  ;  and 
no  such  business  shall  be  carried  on  without  such  license,  under  the 
penalty  hereinbefore  provided. 

Sec.  4,  That  all  itinerant  persons  vending  goods,  wares  and 
merchandise,  clocks,  jewelry,  gold  or  silver,  or  plated  ware,  specta¬ 
cles,  drugs,  nostrums,  perfumes,  or  any  other  thing,  vending,  or 
offering  to  vend  goods,  wares  and  merchandise,  or  other  thing,  which 
is  not  the  product  of  this  State,  or  any  person  or  persons  who  shall, 
under  color  of  bona  fide  merchants,  take  up  a  temporary  residence 
in  said  city,  for  the  purpose  of  disposing  of  their  goods,  wares  and 
merchandise  of  whatsoever  kind,  whether  at  auction  or  retail,  shall 
be  deemed  peddlers  under  this  ordinance. 

Passed  May  12 ,  1873.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  GROCERIES  AND  BIL¬ 
LIARD  ROOMS. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  every  person  or  persons  not  having  a  legal  license  to 
keep  a  grocery  in  said  city  who  shall  therein  barter,  sell,  exchange 
or  otherwise  dispose  of  for  his,  her  or  their  gain  or  benefit,  any  vinous, 


CITY  OF  BUNKER  HILL. 


61 


spiritous,  malt,  fermented  or  mixed  liquors,  in  any  quantity  what¬ 
ever,  (cider  excepted),  or  shall  suffer  or  permit  the  same  to  be  done 
on  his,  her  or  their  premises,  shall  forfeit  and  pay  for  each  offense  a 
sum  of  not  less  than  fifty  dollars. 

Sec.  2.  Licenses  to  keep  groceries  in  said  city,  for  the  term  of 
three  months,  may  be  granted  on  the  following  conditions  : 

Applicant  or  applicants  to  keep  groceries  in  said  city  shall  pay 
into  the  city  treasury  the  sum  of  eighteen  dollars  and  seventy-five 
cents  for  the  privilege  thus  granted,  and  shall  enter  into  bond  in  the 
penalty  of  three  hundred  dollars,  with  one  or  more  sufficient  securi¬ 
ties,  to  be  approved  by  the  City  Council,  conditioned  that  the  said 
applicant  or  applicants  will  keep  an  orderly  house,  and  that  he, 
she  or  they  shall  not  permit  any  disorderly  or  riotous  conduct  there¬ 
in,  or  unlawful  gaming,  and  that  he,  she  or  they  will  not  barter,  sell, 
exchange  or  deliver,  or  cause  or  suffer  to  be  delivered  to  any  minor, 
idiotic,  insane  or  distracted  person  or  pauper,  without  the  consent 
of  his  or  her  parent,  guardian  or  conservator,  any  liquor  of  any 
kind  whatever :  Provided ,  That  no  person  shall  be  granted  a  license 
under  this  section  without  first  giving  a  bond,  to  be  approved  by 
the  City  Council  (which  bond  shall  run  in  the  name  of  the  People 
of  the  State  of  Illinois,  and  be  in  the  penal  sum  of  three  thousand 
dollars,  with  at  least  two  good  and  sufficient  securities,  who  shall 
be  freeholders),  conditioned  that  they  will  pay  all  damages  to  any 
person  or  persons  which  may  be  inflicted  upon  them  either  in  per¬ 
son  or  property,  or  means  of  support,  by  reason  of  the  person  so 
obtaining  a  license. 

Sec.  3.  Licenses  to  keep  groceries  in  said  city  shall  not  author¬ 
ize  persons  obtaining  them  to  vend  or  sell  in  more  than  one  house 
or  place,  and  every  license  shall  describe  the  house  or  place  intended 
to  be  occupied  for  the  purpose  set  forth  in  such  license. 

Sec.  4.  No  person  or  persons  shall,  within  said  city,  sell,  give, 
furnish  or  deliver,  or  suffer  to  be  sold,  given,  furnished  or  delivered, 
on  his,  her  or  their  premises,  to  any  minor,  idiotic,  insane  or  dis¬ 
tracted  person  or  pauper,  any  liquor  of  any  kind  whatever.  Every 
person  or  persons  who  shall  offend  against  the  provisions  of  this 
section  shall  forfeit  and  pay  for  each  offense  a  sum  of  not  less  than 
fifteen  dollars  ;  and  if  any  person  ov  persons  having  a  legal  license 
to  keep  a  grocery  in  said  city,  shall  offend  against  the  provisions 
hereof,  his,  her  or  their  license,  shall,  upon  conviction  thereof,  be 
forfeited  :  Provided ,  That  nothing  herein  contained  shall  affect  the 
provisions  of  section  two  of  this  ordinance. 

Sec.  5.  Licenses  to  keep  groceries  in  said  city  shall  authorize 


62 


CITY  OF  BUNKER  HILL* 


the  person  or  persons  obtaining  the  same  to  sell  and  vend  vinous, 
spirituous,  malt  and  fermented  liquors  in  the  house  or  place  speci¬ 
fied  in  said  license,  and  not  elsewhere,  for  the  term  therein  specified. 
Such  license  shall  not  be  transferable  or  assignable,  and  in  case  any 
person  or  persons  having  a  legal  license  wish  to  remove  from  one 
house  or  place  to  another,  the  Mayor  may  consent  to  such  change 
and  cause  a  license  to  issue  accordingly. 

Sec.  6.  Every  person  or  persons  who  shall  barter,  sell,  exchange 
or  give  away,  or  suffer  to  be  used  upon  his,  her  or  their  premises, 
any  poisonous,  corrupted  or  drugged  liquors,  or  shall  deceitfully 
mix  any  liquors  to  evade  the  provisions  of  this  ordinance,  shall  for¬ 
feit  and  pay  for  each  offense  a  sum  of  not  less  than  fifty  dollars,  and 
shall  forfeit  his,  her  or  their  grocery  license. 

Sec.  7.  If  any  person  or  persons  shall  keep  open  any  tippling 
house,  grocery,  brewery,  beer  house,  saloon  or  garden,  or  any  bil¬ 
liard  saloon,  or  ten  pin  alley,  or  other  place  of  amusement,  or  shall 
sell  or  vend  any  of  the  liquors  specified  in  the  first  section  hereof, 
on  the  Sabbath  day  or  night,  such  person  or  persons  shall  forfeit 
and  pay  for  each  offense  a  sum  of  not  less  than  fifty  dollars,  and  if 
any  keeper  or  keepers  of  a  licensed  grocery  shall  offend  against  the 
provisions  of  this  ordinance,  he,  she  or  they,  upon  conviction  there¬ 
of,  shall  forfeit  his,  her  or  their  license. 

Sec.  8.  After  proof  of  a  minor,  idiot,  insane  or  distracted  per¬ 
son  or  pauper  being  found  in  or  coming  out  of  any  grocery  intoxi¬ 
cated,  it  shall  be  presumed  that  said  person  received  his  or  her  liquor 
at  said  grocery,  unless  the  contrary  be  clearly  proved. 

Sec.  9.  If  any  person  shall  keep  open  any  tippling  house,  gro¬ 
cery,  brewery,  beer  house,  billiard  saloon,  or  ten  pin  alley,  or  other 
place  of  amusement  after  eleven  o’clock  p.  m.,  he,  she  or  they  shall 
forfeit  and  pay  for  each  offense,  a  sum  not  less  than  twenty  dollars, 
and  upon  a  second  conviction  thereof  shall  forfeit  his,  her  or  their 
license. 

Sec.  10.  The  City  Council  may,  in  their  discretion,  grant  a 
license  to  any  person  or  persons  who  may  be  engaged,  in  good 
faith,  in  the  business  of  a  druggist  or  apothecary,  for  the  term  of 
three  or  six  months,  at  the  option  of  the  applicant,  to  sell  or  vend 
spirituous,  malt  or  vinous  liquors  for  medicinal,  mechanical  or 
sacramental  purposes.  The  applicant  or  applicants  for  said  license 
shall  pay  to  the  Clerk  his  fees  for  bond  and  license,  and  shall  exe¬ 
cute  a  bond  in  the  sum  of  three  hundred  dollars,  with  one  or  more 
sufficient  securities,  to  be  approved  by  the  City  Council,  conditioned 


CITY  OF  BUNKER  HILL. 


63 


that  he  or  they  will  not  sell  any  spiritous,  malt  or  vinous  liquors  for 
any  other  purpose  than  authorized  by  the  said  license,  nor  suffer  or 
permit  any  spiritous,  malt  or  vinous  liquors  to  be  drank  on  his  or 
their  premises,  and  that  he  or  they  will  not  sell  or  give  any  of  said 
liquors  to  a  minor  without  the  written  permission  of  the  parent  or 
guardian  of  said  minor  :  Provided ,  no  license  shall  be  granted  un¬ 
der  this  section  until  the  party  shall  have  given  the  State  bond 
required  under  section  2  of  this  ordinance.  Any  druggist  or  apoth¬ 
ecary  who  shall  violate  any  of  the  conditions  or  provisions  of  the 
bonds  provided  for  in  this  section  shall  forfeit  and  pay  a  sum  of  not 
less  than  fifty  dollars  for  each  offense,  and  also  forfeit  his,  her  or 
their  license. 

Sec.  1 1.  That  every  person  or  persons  not  having  a  legal  license 
to  keep  billiard  tables,  pigeon  hole  or  ten  pin  alley,  or  any  other  article 
or  instrument,  thing  or  things  whatsoever  which  may  be  used  for 
the  purpose  of  playing  or  betting  upon,  or  winning  or  losing  money, 
who  shall  suffer  or  permit  the  same  to  be  used  on  his,  her  or  their 
premises  shall  forfeit  and  pay  for  each  offense  a  sum  of  not  less  than 
twenty-five  dollars. 

Sec.  12.  Licenses  to  keep  billiard  tables  may  be  granted  on  the 
following  conditions  :  Applicant  or  applicants  to  keep  billiard  tables 
shall  pay  into  the  treasury  the  sum  of  two  dollars  and  fifty  cents  per 
quarter  for  each  table,  and  shall  enter  into  bond,  with  one  or  more 
sufficient  securities,  in  the  penalty  of  three  hundred  dollars,  condi¬ 
tioned  to  keep  a  quiet  and  orderly  house  :  Provided ,  That  before 
any  person  shall  procure  a  license  to  keep  billiard  tables  as  afore¬ 
said,  he  shall  register  with  the  Clerk  of  the  city  the  place  where  he 
intends  to  keep  said  tables,  together  with  the  name  of  his  house  or 
saloon  in  which  the  same  are  kept. 

Sec.  13.  Licenses  to  keep  pigeon  hole  tables,  ten  pin  alleys  or 
any  other  article  or  things  whatsoever,  used  for  playing  upon,  may, 
in  the  discretion  of  the  City  Council,  be  licensed  upon  the  appli¬ 
cants  paying  into  the  city  treasury  the  sum  of  two  dollars  per 
quarter. 

Sec.  14.  Whenever  it  shall  appear  to  the  Police  Magistrate  or 
other  justice  of  the  peace,  before  whom  any  case  shall  be  tried  under 
the  provisions  of  this  ordinance,  that  the  defendant  or  defendants 
have  forfeited  his,  her  or  their  grocery  or  billiard  license,  it  shall  be 
the  duty  of  such  Police  Magistrate  or  justice  of  the  peace,  as  the 
case  may  be,  to  enter  as  a  part  of  his  judgment,  that  the  grocery  or 
billiard  license  of  such  defendant  has  been  forfeited  ;  and  from  and 


64 


CITY  OF  BUNKER  HILL. 


after  such  fact  has  been  so  declared,  such  grocery  or  billiard  license 
shall  be  taken  as  forfeited,  null  and  void. 

Passed  May  12 ,  i8yj.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  MISDEMEANORS. 

* 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  any  two  or  more  persons  who  shall  assemble  for  the 
purpose  of  disturbing  the  peace,  or  of  committing  any  unlawfuLact, 
and  who  shall  not  disperse  when  commanded  or  requested  by  any 
peace  officer,  shall  each,  severally,  forfeit  and  pay  the  sum  of  not 
less  than  ten  dollars. 

Sec.  2.  Whoever  shall  assault,  strike  or  fight  another,  or  who 
shall  be  guilty  of  any  conduct  calculated  to  provoke  a  breach  of  the 
peace  in  the  city,  shall  forfeit  and  pay  the  sum  of  not  less  than  fif¬ 
teen  dollars. 

Sec.  3.  Whoever  shall  disturb  the  peace,  or  shall  be  guilty  of 
any  violent,  tumultuous,  offensive  or  disorderly  conduct,  or  shall 
make  any  loud  or  unusual  noise  or  disturbance,  or  shall  use  obscene, 
offensive,  profane  or  unseemly  language,  to  the  annoyance,  disturb¬ 
ance  or  vexation  of  others,  shall  forfeit  and  pay  the  sum  of  not  less 
than  fifteen  dollars. 

Sec.  4.  Whoever  shall,  knowingly,  suffer  or  permit  any  assem¬ 
blage  of  persons,  for  the  purpose  of  disturbing  the  peace,  or  of 
committing  any  unlawful  act,  or  any  breach  of  the  peace,  or  any 
riotous,  tumultuous,  offensive  or  disorderly  conduct,  or  any  loud 
or  unusual  noise  or  disturbance,  or  obscene,  offensive,  profane  or 
unseemly  language,  to  the  annoyance,  disturbance  or  vexation  of 
others,  in,  or  upon  any  premises  owned  or  occupied  by  him,  or  un¬ 
der  his  control,  shall  forfeit  and  pay  the  sum  of  not  less  than  ten 
dollars. 

Sec.  5.  Whoever  shall  abet  or  encourage  any  unlawful  act,  or 
any  violation  of  any  ordinance  of  the  city,  shall  forfeit  and  pay  the 
sum  of  not  less  than  ten  dollars. 

Sec.  6.  Whoever  shall  wilfully  or  heedlessly  disturb  any  assem¬ 
bly  of  persons  met  together  for  religious  worship,  shall  forfeit  and 
pay  the  sum  of  not  less  than  ten  dollars. 

Sec.  7.  Whoever  shall,  wilfully  or  heedlessly  disturb  any  law¬ 
ful  assemblage  of  persons,  or  shall,  on  the  Sabbath  day,  wilfully 


CITY  OF  BUNKER  HILL.  65 

or  heedlessly  disturb  the  peace  or  quiet  of  any  private  family,  shall 
forfeit  and  pay  the  sum  of  not  less  than  ten  dollars. 

Sec.  8.  Whoever  shall  make  any  false  alarm  of  fire,  or  any 
false  cry  for  assistance,  shall  forfeit  and  pay  the  sum  of  not  less  than 
ten  dollars. 

Sec.  9.  Whoever  shall  be  found  in  a  state  of  intoxication,  in 
any  public  place,  or  in  any  place  open  to  public  view,  shall  forfeit 
and  pay  the  sum  of  not  less  than  ten  dollars. 

Sec.  10.  Whoever  shall  purposely  or  publicly  make  any  inde¬ 
cent  exposure  of  his  or  her  person,  or  shall  appear  in  a  dress  not 
belonging  to  his  or  her  sex,  or  in  any  indecent  or  lewd  dress,  or  in 
a  state  of  nudity,  or  shall  be  guilty  of  any  other  indecent  or  lewd 
act  or  behavior,  shall  forfeit  and  pay  the  sum  of  not  less  than  ten 
dollars. 

Sec.  1 1.  Whoever  shall  exhibit,  sell  or  offer  to  sell,  any  obscene, 
indecent  or  lewd  book,  picture,  statue,  or  like  thing,  or  shall  exhibit 
or  perform  any  indecent,  obscene  or  lewd  play,  exhibition  or  other 
representation,  shall  forfeit  and  pay  for  each  offense  the  sum  of  not 
less  than  ten  dollars. 

Sec.  12.  Whoever  shall,  in  any  place  open  to  public  view,  write, 
mark,  draw,  cut,  or  make  any  obscene,  lewd  or  indecent  word  or 
sentence,  design  or  figure,  shall  forfeit  and  pay  the  sum  of  not  less 
than  ten  dollars. 

Sec.  13.  Whoever  shall  exhibit  any  stud  horse,  bull  or  jack  on 
the  streets  or  alleys  within  the  fire  limits  of  said  city,  or  shall  let 
any  such  animal,  exdept  in  some  enclosed  place  out  of  public  view, 
shall  forfeit  and  pay  for  each  offense  the  sum  of  not  less  than  five 
dollars. 

Sec.  14.  Any  person  able  to  work  and  maintain  himself  or  her¬ 
self  in  some  honest  and  respectable  calling,  not  having  visible  means 
of  support,  who  shall  live  idly,  without  employment,  or  loiter  or 
stroll  about  begging,  or  frequenting  gaming  houses,  disorderly  or 
bawdy  houses,  groceries  or  tippling  houses,  or  other  places  where 
intoxicating  liquors  are  sold,  or  shall  otherwise  lead  an  idle  or  prof¬ 
ligate  course  of  life,  or  any  person  who  shall  keep,  maintain,  or  be 
an  inmate  of  any  house  of  prostitution,  or  shall  sleep  in  sheds,  out¬ 
houses,  stables  or  in  the  open  air,  without  being  able  to  give  a  good 
account  of  himself  or  herself,  shall  be  deemed  a  vagrant,  and  shall 
forfeit  and  pay  the  sum  of  not  less  than  twenty-five  dollars. 

Sec.  15.  Whoever  shall,  on  Sunday,  keep  open  a  grocery,  or  a 
billiard  room,  ball  or  pin  alley,  house,  grounds  or  other  place 
of  amusement,  or  shall  suffer  or  permit  persons  to  assemble  therein, 


66 


CITY  OF  BUNKER  HILL. 


for  the  purpose  of  amusement  or  play,  shall  forfeit  and  pay  the  sum 
of  not  less  than  fifty  dollars. 

Sec.  i 6.  Whoever  shall,  wilfully,  maliciously  or  negligently 
break,  deface,  destroy,  or  otherwise  injure  any  public  property  of 
the  city,  or  any  private  property,  shall  forfeit  and  pay  for  each 
offense  the  sum  of  not  less  than  ten  dollars,  and  shall  also  be  liable 
for  the  costs  and  expenses  of  repairing  the  injuries  committed, 
which  shall  be  added  to  the  penalty,  and  constitute  a  part  thereof. 

Sec.  i  7.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  fasten  any  horse  or  other  animal  to  any 
tree,  or  to  any  boxing  placed  around  any  tree,  shall  forfeit  and  pay 
the  sum  of  not  less  than  one  dollar. 

Whoever  shall,  wilfully,  maliciously  or  negligently,  in  any  man¬ 
ner,  injure,  deface,  remove  or  destroy  any  ornamental  or  shade  tree, 
or  boxing  placed  around  the  same,  or  any  shrub,  fence,  railing,  gate 
or  sign  upon  any  sidewalk  or  private  premises,  or  trespass  on  pri¬ 
vate  premises  or  public  ground,  and  injure,  carry  away  or  destroy 
any  tree,  fruit,  vegetable,  plant,  shrub,  or  other  thing  which  may 
be  therein,  for  ornament  or  otherwise,  shall  forfeit  and  pay  the 
sum  of  not  less  than  twenty  dollars. 

Sec.  18.  Whoever  shall,  without  the  consent  of  the  owner  or 
occupant  of  the  premises,  post,  put  up,  stick  or  place  any  hand  bill, 
placard,  show  bill  or  notice  upon  any  building  or  fence,  or  shall 
mark,  cut,  scratch  or  otherwise  deface  any  fence,  or  any  part  of  any 
building  shall  forfeit  and  pay  the  sum  of  not  less  than  five  dollars. 

•Sec.  19.  Whoever  shall,  purposely,  rapidly  or  immoderately 
ride  or  drive  any  horse  or  mule,  or  any  cattle,  or  other  like  animals, 
or  any  team  in  any  street  or  alley  of  the  city  of  Bunker  Hill  shall 
forfeit  and  pay  for  each  offense  the  sum  of  not  less  than  ten  dollars. 

Sec.  20.  Whoever  shall  leave  any  horse,  or  mule,  or  any  team 
in  any  unenclosed  or  public  place  without  being  fastened,  guarded 
or  secured,  so  as  to  prevent  its  running  away,  shall  forfeit  and  pay 
the  sum  of  not  less  than  three  dollars. 

Sec.  21.  Whoever  shall,  in  any  part  of  the  city,  fire  or  discharge 
any  cannon,  gun,  pistol  or  other  firearms,  or  shall  set  off',  fire  or  ex¬ 
plode  any  torpedo,  fire  cracker,  fire  ball,  rocket  or  other  fire  works, 
whatever,  or  shall  make  or  kindle  any  bonfire  shall  forfeit  and  pay 
the  sum  of  not  less  than  one  dollar  for  each  offense.  But  the  dis¬ 
charge  of  firearms,  setting  oft'  or  exploding  of  fire  works,  and  the 
making  of  bonfires  upon  National  holidays,  and  in  the  celebration  of 
other  public  and  general  events,  or  the  discharge  of  firearms  by  the 
members  of  any  military  company  when  on  parade,  and  in  ac- 


CITY  OF  BUNKEK  HILL. 


67 


cordance  with  the  command  of  the  commanding  officer,  or  by  any 
city  officer  or  other  person  in  the  discharge  of  any  legal  duty  or 
lawful  act,  or  by  any  person  upon  his  own  premises,  when  the  same 
may  be  done  in  such  a  manner  as  not  to  endanger,  or  be  likely  to 
endanger,  the  safety  of  any  person  or  the  injury  of  any  property, 
shall  not  be  deemed  any  violation  hereof. 

Sec.  22.  Whoever  shall  leave  open  any  cellar,  cellar  door,  vault, 
well,  cistern,  excavation,  ditch  or  other  like  hole  upon  or  adjoining 
any  street,  alley  or  sidewalk,  without  securing  and  protecting  the 
same  so  as  not  to  endanger  the  safety  of  persons  or  animals  passing 
thereby,  from  falling  therein,  shall  forfeit  and  pay  the  sum  of  not 
less  than  ten  dollars. 

Sec.  23.  Any  contractor  for  any  public  work,  officer  or  other 
person  making  an  excavation  upon  or  adjoining  any  street,  alley  or 
sidewalk,  or  having  the  same  in  charge,  who  shall,  in  the  night 
time,  leave  the  same  open  and  unprotected  so  as  to  endanger  the 
safety  of  persons  or  animals  passing  thereby  from  falling  therein, 
shall  forfeit  and  pay  the  sum  of  not  less  than  ten  dollars. 

Sec.  24.  Whoever  shall  knowingly  sell,  expose  or  offer  for  sale 
any  sick  or  diseased  animal,  poultry  or  fish,  to  be  used  or  eaten  for 
food,  or  the  flesh  of  any  sick,  diseased  or  otherwise  unwholesome 
dead  animal,  poultry  or  fish,  or  the  flesh  of  any  animal,  fowl  or  fish 
not  usually  used  or  deemed  wholesome  for  food,  or  any  other,  un¬ 
sound  or  unwholesome  provisions  or  article  of  food  whatever,  or 
any  pernicious  or  adulterated  milk,  drink  or  liquors,  shall  forfeit  and 
pay  the  sum  of  not  less  than  ten  dollars  in  each  case,  and  the  Mayor, 
or  any  police  officer,  shall  seize,  or  cause  to  be  seized  and  destroyed, 
any  such  food,  milk,  drink  or  other  provisions  so  exposed  or  offered 
for  sale. 

Sec.  25.  Whoever  shall  wilfully  hinder,  delay,  resist  or  obstruct 
any  city  officer,  or  any  person  legally  authorized  by  him  in  the  dis¬ 
charge  of  his  duty,  or  shall  aid,  abet  or  encourage  any  such  hinder¬ 
ing,  delaying,  resisting  or  obstructing,  or  shall  neglect  or  refuse  to 
obey  any  lawful  order  or  direction  of  such  officer  shall  forfeit  and 
pay  the  sum  of  not  less  than  ten  dollars. 

Sec.  26.  Whoever  shall  rescue,  or  attempt  to  rescue,  or  shall 
abet  or  encourage  the  rescue  or  escape  of  any  person  from  the  cus¬ 
tody  of  any  officer,  or  other  person  legally  having  him  in  charge,  6r 
shall  molest  or  interfere  with  any  officer  or  other  person  so  legally 
having  him  in  charge,  or  shall  in  any  manner  aid,  abet  or  encourage 
the  rescue  or  the  attempt  to  escape  from  any  prison  of  any  person 
legally  committed  thereto,  or  shall  supply,  or  attempt  to  supply  any 


68 


CITY  OF  BUNKER  HILL. 


such  person  with  any  weapon,  or  with  any  implement  or  means  of 
escape,  or  for  attempting  to  escape,  or  with  any  intoxicating  liquors 
shall,  in  each  case,  forfeit  and  pay  the  sum  of  not  less  than  twenty- 
five  dollars. 

Sec.  2 7.  Any  police  officer  may  call  upon  any  male  person, 
above  the  age  of  eighteen  years,  to  aid  him  in  the  arrest  of  any  per¬ 
son  having  committed  any  unlawful  act,  or  to  aid  in  preventing  the 
commission  of  any  unlawful  act,  and  whoever  shall  neglect  or  re¬ 
fuse  to  give  such  aid  or  assistance,  when  so  required,  shall  forfeit 
and  pay  the  sum  of  five  dollars. 

Sec.  28.  No  builder  or  other  person  shall  encumber  or  obstruct 
any  street  or  alley  with  building  or  other  like  materials,  without  a 
written  permit  from  the  Mayor,  nor  shall,  except  in  case  of  urgent 
necessity,  and  for  a  short  time,  encumber  or  obstruct  more  than  one- 
third  of  any  street  or  alley,  or  one-half  of  the  sidewalk,  nor  shall 
such  obstruction  continue  in  any  case  longer  than  may  be  necessary 
in  the  diligent  erection  of  such  building,  or  the  prompt  execution  of 
the  work.  Whoever  shall  violate  any  provision  of  this  section  shall 
forfeit  and  pay  the  sum  of  not  less  than  five  dollars,  and  an  addi¬ 
tional  penalty  of  five  dollars  for  each  day  he  shall  continue  in  vio¬ 
lation  thereof. 

Sec.  29.  No  person  shall  make  or  cause  to  be  made,  any  erec¬ 
tion  or  enclosure,  encroaching  in  whole  or  in  part  upon  any  street,* 
alley  or  sidewalk,  under  a  penalty  of  fifty  dollars,  and  an  additional 
penalty  of  three  dollars  for  each  day  the  same  shall  remain  after  no¬ 
tice  by  the  Mayor,  Marshal  or  Superintendent  of  Streets  to  remove 
the  same. 

Sec.  30.  The  owner  of  any  erection  or  enclosure,  already  erect¬ 
ed,  or  placed  and  encroaching  upon  any  street  or  alley,  who  shall 
not  remove  the  same  after  thirty  days  notice  by  the  Mayor,  the  City 
Marshal  or  the  Superintendent  of  Streets,  shall  forfeit  and  pay  the 
sum  of  ten  dollars,  and  an  additional  penalty  of  three  dollars  for 
each  day  he  shall  fail  to  comply  with  such  notice. 

Sec.  31.  The  Mayor,  the  City  Marshal  or  the  Superintendent 
of  Streets  shall  cause  any  encumbrance,  obstruction,  erection  or  en¬ 
closure  in  or  upon  any  street,  alley  or  sidewalk,  contrary  to  ordi¬ 
nance,  to  be  removed,  and  the  costs  of  such  removal  may  be  col¬ 
lected  of  the  person  causing  such  obstruction,  with  the  penalty, 
or  in  a  separate  suit,  in  the  name  of  the  city. 

Sec.  32.  Whoever  shall  place,  throw  or  leave,  or  cause  to  be 
thrown,  placed  or  left,  any  obstruction  or  encumbrance  not  author¬ 
ized  by  ordinance  in  any  street  or  alley,  drain  or  sewer,  shall  forfeit 


69 


CITY  OF  BUNKER  HILL. 

and  pay  the  sum  of  ten  dollars,  and  an  additional  penalty  of  one 
dollar  for  each  hour  he  shall  not  remove  the  same  when  required  by 
the  Mayor,  Marshal  or  Superintendent  of  Streets. 

Sec.  33.  No  person  not  authorized  by  ordinance  shall  make  any 
excavation  in  any  street,  alley  or  sidewalk,  without  a  written  per-  ’ 
mit  from  the  Mayor  or  the  Committee  on  Streets,  under  a  penalty 
of  five  dollars. 

Sec.  34.  Whoever  shall,  purposely,  change  or  remove  any  stake, 
post  or  stone,  placed  or  set  to  designate  the  corner  or  line  of  any  lot 
of  land,  street  or  alley,  or  to  show  the  grade  of  any  street,  alley  or 
sidewalk,  shall  be  subject  to  a  penalty  of  not  less  than  five  dollars. 

Sec.  3^.  Whoever  shall  throw,  place  or  leave  any  ashes,  dirt, 
filth  or  other  rubbish  in  or  upon  any  street,  alley  or  sidewalk,  or 
shall  knowingly  suffer  or  permit  the  same  to  be  thrown,  placed  or 
left  in  or  upon  any  street,  alley  or  sidewalk,  or  shall  not  clean  the 
snow  from  the  sidewalk,  in  front  of  or  adjoining  any  premises  owned 
or  occupied  by  him,  or  under  his  control,  shall  forfeit  and  pay  the 
sum  of  ten  dollars,  and  an  additional  penalty  of  one  dollar  for  each 
hour  the  same  may  remain  after  notice  to  remove  the  same  by  the 
Mayor,  the  City  Marshal  or  the  Superintendent  of  Streets. 

Sec.  36.  The  running  at  large  within  the  limits  of  the  City  of 
Bunker  Hill  of  horses,  mares,  mules,  jennets,  swine,  bulls  and  asses 
is  hereby  prohibited,  and  every  person  who  shall  suffer  or  permit 
his  or  her  horse,  mare,  mule,  jennet,  swine,  bull  or  ass  to  run  at  large 
within  said  city,  shall  forfeit  and  pay  for  each  and  every  one  of  said 
animals  which  he  or  she  shall  suffer  or  permit  to  run  at  large  as  afore¬ 
said,  the  sum  of  one  dollar,  and  in  addition  thereto  he  or  she  shall 
pay  the  sum  of  one  dollar  for  every  twelve  hours  said  animal  or  ani¬ 
mals  shall  continue  to  run  at  large. 

Sec.  3 7.  The  running  at  large  of  cows  within  the  limits  of  the 
City  of  Bunker  Hill,  between  the  15th  day  of  November  and  the 
1st  day  of  April  in  each  year,  is  hereby  prohibited,  and  every  person 
who  shall  suffer  or  permit  his  or  her  cow  to  run  at  large  within  said 
city,  at  any  time  between  said  periods,  shall  forfeit  and  pay  the 
sum  of  one  dollar  for  each  cow  which  he  or  she  shall  suffer  or  per¬ 
mit  to  run  at  large  as  aforesaid,  and  in  addition  thereto  he  or  she 
shall  pay  the  sum  of  one  dollar  for  every  twelve  hours  said  cow 
shall  continue  to  run  at  large. 

Sec.  38.  Whoever  shall,  wilfully,  tear  down  any  notice  or  bill 
which  may  be  posted  up  at  any  point  in  said  city,  (not  contrary  to 
ordinance,)  shall  forfeit  and  pay  the  sum  of  ten  dollars. 

Sec.  39.  Any  person  or  persons,  corporation  or  corporations, 

9 


70 


CITY  OF  BUNKER  HILL. 


who  shall,  by  their  teams,  engines  or  cars  obstruct  any  street,  alley, 
road  or  sidewalk  in  the  city,  shall  forfeit  and  pay  the  sum  of  not  less 
than  twenty  dollars. 

Sec.  40.  Any  person  or  persons  who  shall  tie  or  hitch  any  stud 
horse  or  jack  to  any  fence  or  tree  in  the  City  of  Bunker  Hill,  shall 
forfeit  and  pay  the  sum  of  five  dollars. 

Sec.  41.  Any  person  or  persons  who  shall,  within  said  city, 
draw  on  any  person  or  persons,  to  the  terror  or  danger  of  such  per¬ 
son  or  persons,  any  knife,  bowie  knife,  pistol,  revolver,  slung  shot,  or 
any  other  dangerous  weapon,  shall  forfeit  and  pay  the  sum  of  not 
less  than  twenty-five  dollars. 

Sec.  42.  Any  person  or  persons  who  shall  within  the  limits  of 
said  city  carry  concealed  on  their  persons  any  knife,  bowie  knife, 
pistol,  revolver,  slung  shot,  or  any  other  dangerous  or  deadly  weapon 
for  the  purpose  of  unlawfully  using  the  same,  shall  forfeit  and  pay 
the  sum  of  not  less  than  twenty-five  dollars. 

Sec.  43.  If  any  person  or  persons  shall,  in  said  city,  play  for 
money  at  any  game  with  cards,  dice,  checquers,  or  at  billiards,  or 
with  any  other  article  or  instrument,  thing  or  things  whatsoever, 
which  may  be  used  for  the  purpose  of  playing  or  betting  upon,  or 
winning  or  losing  money,  or  shall  bet  on  any  game  others  may  be 
playing,  or  shall  sutler  or  permit  the  same  to  be  done  upon  his  or 
her  premises,  every  person  so  offending  shall  forfeit  and  pay  for 
each  offense  the  sum  of  ten  dollars. 

Sec.  44.  That  any  person  or  persons  who  shall  ride,  lead  or  drive 
any  horse,  mare,  mule  or  ox  upon  or  over  any  plank  or  brick  side¬ 
walk  along  any  of  the  streets  or  alleys  within  the  limits  of  the  City 
of  Bunker  Hill,  except  at  the  usual  and  proper  crossings  of  such 
sidewalk,  or  shall  obstruct  any  street,  alley,  road  or  sidewalk  in  said 
city,  by  putting  thereon  wood,  brick,  casks,  boxes,  barrels,  or  other 
thing,  shall,  on  conviction  thereof,  be  fined  not  less  than  three  nor 
more  than  ten  dollars.  Provided ,  This  ordinance  shall  not  be  so 
construed  as  to  prevent  the  loading  and  unloading  of  wagons  or 
other  vehicles,  at  any  mill,  store,  warehouse,  shop  or  dwelling  house, 
and  that  driving  upon  the  sidewalks  in  front  thereof,  for  that  pur¬ 
pose,  if  the  said  vehicles,  and  all  boxes,  or  other  articles  to  be 
loaded  into,  or  taken  out  of  the  same,  be  removed  in  a  reasonable 
time. 

Sec.  4^.  If  any  person  shall  sell  or  give  away  any  spirituous, 
malt,  vinous  or  intoxicating  liquors,  or  any  saloon,  bar-room,  gro¬ 
cery  or  place  where  such  liquor  is  sold  or  given  away,  be  open  upon 
any  State  Election  day,  between  the  hours  of  8  o’clock  a.  m.  and  6 


CITY  OF  BUNKER  HILL. 


71 


o’clock  p.  m.,  or  upon  any  City  Election  day,  between  the  hours  of 
i  o’clock  p.  m.  and  7  o’clock  p.  m.,  such  person  or  persons  so  offend¬ 
ing  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  less  than  fifty 
dollars.  The  Police  Magistrate  and  City  Marshal  shall  see  that  the 
provisions  of  this  section  are  enforced. 

Passed  May  12,  1873-  Approved . 

J.  F.  CUMMINGS,  Mayor, 


AN  ORDINANCE  IN  RELATION  TO  DOGS. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  no  dog  or  bitch  shall  run  at  large  in  the  City  of  Bunker 
Hill,  unless  the  owner  or  keeper  thereof  shall  place  and  keep  upon 
the  neck  of  such  dog  or  bitch  a  substantial  metallic  or  leather  col¬ 
lar,  with  a  metallic  plate  affixed  thereto,  with  the  letter  “  R  ”  and 
date  of  registry,  as  hereinafter  provided,  to  be  legibly  inscribed 
thereon,  under  a  penalty  of  three  dollars. 

Sec.  2.  The  owner  or  keeper  of  any  dog  or  bitch,  in  said  city 
shall,  without  delay,  after  the  due  publication  hereof,  or  as  soon  as 
any  dog  or  bitch  shall  come  into  his  possession  ;  and  annually  there¬ 
after,  on  or  before  the  first  day  of  June  in  each  year,  give  the  name 
and  description  of  his  dog  or  bitch  to  the  City  Marshal,  who  shall 
register  the  same  in  a  suitable  book  kept  for  that  purpose,  and  shall 
stamp  upon  or  affix  to  the  collar  of  the  dog  or  bitch  thus  registered 
the  letter  “  R,”  and  the  year  of  the  registry  ;  and  he  may  charge 
and  receive  a  fee  of  one  dollar  therefor  for  each  dog  or  bitch  regis¬ 
tered  by  him,  one-half  of  which  is  to  be  paid  into  the  city  treasury. 
Whoever  shall  not  comply  with  this  section  shall  forfeit  and  pay  the 
sum  of  three  dollars. 

Sec.  3.  When  danger  of  hydrophobia  may  be  deemed  to  exist 
in  or  near  the  city,  the  Mayor  may,  by  proclamation  or  by  notice  in 
the  newspaper  published  in  the  city,  or  by  printed  handbills,  require 
all  persons  to  confine  all  dogs  and  bitches,  or  securely  muzzle  them 
with  a  wire  muzzle,  for  such  time  as  may  be  designated  in  such 
proclamation  or  notice,  or  until  otherwise  ordered.  All  dogs  or 
bitches  found  running  at  large  in  the  city,  contrary  to  the  provisions 
of  this  section,  whether  owned  or  kept  within  or  without  the  city, 
shall  be  destroyed  by  the  City  Marshal ;  and  the  owner  or  keeper  of 
any  dog  or  bitch,  who  shall  knowingly  permit  the  same  to  run  at 
large  contrary  to  the  provisions  of  this  section  shall  forfeit  and  pay 
the  sum  of  five  dollars. 


72  CITY  OF  BUNKER  HILL. 

Sec.  4.  The  City  Marshal  shall  prosecute  the  owner  or  keeper 
of  any  dog  or  bitch  permitting  the  same  to  run  at  large  contrary  to 
the  requirements  hereof ;  and  shall  kill  or  destroy  all  dogs  or  bitches 
found  running  at  large  and  not  registered  and  collared  as  herein  re¬ 
quired,  and  for  which  no  owner  or  keeper  can  be  found  on  rea¬ 
sonable  inquiry ;  but  the  provisions  hereof,  except  in  third  and 
fourth  sections,  shall  not  apply  to  any  dog  or  bitch  brought  into  the 
city  by  any  person  not  a  resident  thereof,  until  such  dog  or  bitch 
shall  have  been  in.  the  city  one  day. 

Sec.  5.  Any  bitch  running  at  large  while  in  heat,  is  hereby 
declared  a  nuisance  ;  and  the  owner  or  keeper  of  any  such  bitch,  so 
permitting  the  same  to  run  at  large  while  in  heat,  shall  forfeit  and 
pay  the  sum  of  five  dollars,  and  the  City  Marshal  shall  destroy  such 
bitch. 

Sec.  6.  The  City  Marshal  shall  receive  fifty  cents  for  each  dog 
or  bitch  destroyed  by  him  and  removed  beyond  the  city,  to  be  col¬ 
lected  or  recovered  of  the  owner  or  keeper  of  such  dog  or  bitch,  if 
known — if  not,  to  be  reported  to  the  City  Council,  upon  oath,  for 
allowance  and  payment  from  the  treasury. 

Sec.  7.  The  City  Marshal  shall,  from  time  to  time,  or  when 
required  by  the  City  Council,  report  the  number  of  dogs  registered, 
the  amount  of  fines  collected  and  the  number  of  dogs  killed  under 
the  provisions  hereof. 

Sec.  8.  Any  officer  who  shall  destroy  any  dog  or  bitch,  collared, 
registered  or  muzzled,  as  herein  required,  or  shall  bring  or  entice, 
or  cause  to  be  brought  or  enticed,  any  dog  or  bitch  into  the  city  for 
the  purpose  of  destroying  the  same,  or  shall  entice  any  dog  or  bitch 
out  of  the  premises  of  the  owner  or  keeper  thereof,  for  such  pur¬ 
pose,  or  shall  molest  or  seize  any  dog  or  bitch  while  being  tied,  lead 
or  held  by  any  person,  or  shall  remove  the  muzzle  or  collar  from 
any  dog  or  bitch,  or  shall  throw  or  place,  or  cause  to  be  thrown  or 
placed,  any  poisonous  meat  or  other  poisonous  substance,  into  any 
private  enclosed  premises,  shall  forfeit  and  pay  the  sum  of  ten  dol¬ 
lars  in  each  case. 

Sec.  9.  Any  owner  or  keeper  of  any  fierce  or  dangerous  dog  or 
bitch,  who  shall  knowingly  permit  the  same  to  go  at  large,  to  the 
danger,  annoyance  or  damage  of  any  person  within  the  city,  shall 
forfeit  and  pay  the  sum  of  five  dollars  for  the  first  offense,  and  ten 
dollars  for  the  second  offense ;  and,  upon  a  second  conviction,  the 

r 

City  Marshal  shall  cause  such  dog  or  bitch  to  be  destroyed. 

Passed  May  12 ,  1873.  Approved. 


J.  F.  CUMMINGS,  Mayor. 


CITY  OF  BUNKER  HILL.  73 

AN  ORDINANCE  IN  RELATION  TO  THE  POLICE 

DEPARTMENT. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  the  police  department  of  the  city  shall  consist  of  the 
Mayor,  the  Aldermen  and  Police  Magistrate,  (who  shall  ex-officio  be 
members  of  the  police  department),  the  City  Marshal,  and  as  many 
policemen  as  may  be  appointed. 

Sec.  2.  The  Mayor,  with  the  approval  of  the  City  Council, 
may,  when  deemed  expedient,  appoint  a  competent  number  of  po¬ 
licemen,  to  continue  in  office  during  the  pleasure  of  the  City  Coun¬ 
cil,  and  to  be  subjected  to  removal  at  any  time  by  the  Mayor,  for 
good  cause.  The  policemen  shall  have  and  exercise  all  the  powers, 
perform  all  the  duties  and  be  subject  to  all  the  liabilities,  incident  to 
the  office  by  law,  or  such  as  may  be  prescribed  by  ordinance. 

Sec.  3.  The  Mayor  shall  exercise  a  general  supervision  and 
control  over  the  police  department,  and  shall  see  that  the  various 
police  officers  are  prompt  and  efficient  in  the  discharge  of  their  du¬ 
ties  ;  and  he  shall  from  time  to  time  take  such  measures  for  the 
preservation  of  the  public  peace  and  good  order,  and  for  the  prompt 
and  efficient  execution  of  the  laws  of  the  State  and  the  ordinances 
of  the  city,  as  may  be  deemed  most  expedient  and  best  to  accom¬ 
plish  the  purposes  contemplated. 

Sec.  4.  The  City  Marshal  shall  be  the  Chief  of  Police,  and  all 
policemen,  except  when  otherwise  provided  by  ordinance,  shall  be 
subject  to  his  direction  and  control. 

Sec.  5.  All  members  of  the  police  department  shall  cause  all 
the  ordinances  of  the  city  to  be  observed  and  enforced,  especially 
within  the  city  limits.  When  any  violation  of  law,  or  of  any  ordi¬ 
nances  shall  come  to  the  knowledge  of  any  member  of  the  police 
department,  or  be  reported  to  him,  he  shall,  without  delay,  cause 
the  proper  complaint  to  be  made  before  the  Police  Magistrate,  or 
other  competent  court,  and  the  proper  witnesses  to  be  summoned, 
or  evidence  procured  for  the  successful  prosecution  of  the  offender. 

The  Mayor,  or  any  Alderman,  or  the  Police  Magistrate  may,  and 
all  other  officers  shall  arrest,  with  or  without  process,  any  per¬ 
son  who  shall  be  found  in  the  act  of  violating  any  ordinance  of  the 
city,  and  commit  him  for  examination,  and,  if  necessary,  detain  him 
in  custody  over  night,  or  over  Sunday,  or  place  him  in  the  city  cal¬ 
aboose,  or  other  secure  place,  until  he  can  be  brought  before  the 
Police  Magistrate  or  other  competent  court. 


74 


CITY  OF  BUNKER  HILL. 


Sec.  6.  Any  police  officer  shall  have  power,  upon  reasonable 
ground  of  suspicion,  to  enter  peaceably,  or,  if  refused  or  resisted, 
after  demand  made,  by  force,  any  house  or  other  premises  in  which 
any  person  may  be  suspected  to  be,  for  unlawful  purposes,  and 
may  arrest  without  process  any  person  who  may  be  found  therein, 
guilty,  or  reasonably  supposed  to  be  guilty  of  any  criminal  act,  and 
detain  him  in  custody,  as  in  other  cases,  until  he  can  be  brought 
before  a  competent  court  or  Magistrate. 

Passed  May  12 ,  i8yj.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  ESTABLISHING  AND  REGULATING 
THE  HEALTH  DEPARTMENT— BOARD  OF  HEALTH. 

Section  1.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill:  That  the  City  Council  shall,  annually,  on  the  first  Monday  in 
the  month  of  May,  or  at  any  regular  or  called  meeting  thereafter, 
in  case  no  appointment  should  be  made  on  said  day,  appoint  by  bal¬ 
lot,  three  of  their  number  who  shall  constitute  the  Board  of  Health, 
and  who  shall  continue  to  act  in  that  capacity  until  their  successors 
are  chosen,  or  appointed,  as  herein  specified.  The  Mayor  shall  be 
President  of  the  Board,  and  shall  cause  all  orders  of  the  Board  to 
be  executed.  The  City  Clerk  shall  be  Clerk  of  the  Board,  and 
shall  keep  minutes  of  its  proceedings  in  a  suitable  book,  and  issue 
its  orders. 

Sec.  2.  For  the  enforcement  of  sanitary  regulations,  the  Board 
of  Health  shall  have  jurisdiction  in  and  over  all  places  within  the 
city,  and  within  one-half  mile  of  the  city  limits.  They  may  during 
the  day  time  enter  all  premises  and  examine  all  parts  thereof,  and 
cause  all  nuisances  found  therein,  which  they  may  deem  prejudicial 
or  obnoxious  to  the  public  health,  to  be  abated  in  such  manner  as 
they  shall  direct. 

Sec  3.  All  persons  shall  obey  the  orders  and  directions  of  the 
Board  of  Health  ;  the  Mayor  or  any  member  may  order  the  abate¬ 
ment  of  any  nuisance  existing,  contrary  to  any  ordinance  of  the  city, 
which  may  be  prejudicial  to  the  public  health,  and  any  occupant  of 
any  premises  in  the  city  who  shall,  after  such  notice,  neglect  or  re¬ 
fuse  to  obey  any  order  of  the  Board,  or  the  Mayor,  for  the  period  of 
twenty-four  hours,  shall  be  subject  to  a  penalty  of  twenty-five  dol¬ 
lars.  Provided ,  whenever  the  occupant  of  any  such  premises  is  a 
poor  person  and  unable  to  abate,  remove  or  remedy  the  same,  such 


75 


CITY  OF  BUNKER  HILL. 

nuisance  shall  be  abated,  remedied  or  removed  at  the  expense  of  the 
city  ;  and,  Provided ,  further,  whenever  any  occupant  possessing  the 
means  and  ability  to  abate,  remove  or  remedy  any  such  nuisance 
shall  have  neglected  or  refused  to  abate  the  same  as  aforesaid, 
the  Board  shall  cause  the  same  to  be  removed  at  the  expense  of  the 
occupant  of  said  premises. 

Sec.  4.  The  Board  of  Health  may  cause  any  person  having  any 
infectious,  contagious  or  pestilential  disease,  with  his  consent,  if  a 
resident  of  the  city,  to  be  removed  to  such  safe,  retired  and  proper 
place  as  may  be  deemed  best,  and  may  provide  suitable  nurses  and 
other  attendants  for  such  person,  at  his  expense,  if  able  to  pay. 

If  any  person  shall  have  the  small  pox,  or  other  like  disease,  the 
Board  of  Health,  or  the  Mayor,  may  require  notices,  with  the  words 
small  pox  here,”  in  large  letters  on  a  red  flag,  to  be  set  up  in  a 
conspicuous  place  on  the  premises  occupied,  or  by  said  premises, 
by  the  occupant  thereof,  who  shall  cause  such  notices  to  be  placed 
and  kept  up  as  long  as  directed  by  the  Board,  or  Mayor  ;  and  upon 
his  failure  to  do  so,  he  shall  be  subject  to  a  penalty  of  twenty- 
five  dollars  for  each  day  he  shall  fail  to  place  and  keep  up  such  notices. 

Sec.  5.  Any  person  having,  or  having  had  the  small  pox,  or 
any  other  like  disease,  who  shall  go  about  in  any  public  place, 
while  in  the  opinion  of  his  attendant  physician,  there  is  danger  of 
giving  the  disease  to  others,  he  shall  be  subject  to  a  penalty  of  fifty 
dollars.  Any  person  attending  or  being  about  any  other  person 
having  the  small  pox,  or  like  infectious  disease,  who  shall  not 
change  or  purify  his  wearing  apparel  before  going  into  any  public 
place,  or  who  shall  otherwise  so  conduct  himself  as  to  endanger  the 
spreading  of  the  disease,  or  the  giving  it  to  others,  shall,  for  each 
offense,  be  subject  to  a  penalty  of  fifty  dollars. 

Sec.  6.  The  Board  of  Health  may  cause  any  wearing  apparel, 
bedding  or  furniture  which  they  deem  infectious,  or  likely  to  en¬ 
danger  the  public  health  of  the  city,  to  be  removed  not  exceeding 
five  miles  from  the  city,  or  destroyed  ;  but  before  destroying  the 
same  they  shall  cause,  if  practicable,  an  invoice  and  appraisal  to  be 
made  thereof,  in  order  to  make  just  compensation  therefor. 

Sec.  7-  Any  person  practicing  medicine,  who  shall  have  any 
patient  in  the  city  laboring  under  any  malignant,  infectious  or  pes¬ 
tilential  disease,  shall  forthwith  make  report  thereof  in  writing  to 
the  City  Clerk,  describing  the  locality  of  such  patient,  and  upon 
failure  to  do  so  shall  be  subject  to  a  penalty  of  ten  dollars. 

Passed  May  12 ,  Approved . 


y.  F.  CUMMINGS,  Mayor. 


76 


CITY  OF  BUNKER  HILL. 

AN  ORDINANCE  IN  RELATION  TO  HORSES,  SWINE 

AND  OTHER  ANIMALS. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  o  f  Bun¬ 
ker  Hill :  That  any  horse,  mare,  mule,  jack  or  jennet,  bull,  cow, 
hog,  pig  or  shoat  found  running  at  large,  contrary  to  ordinance,  in  the 
city  shall  be  taken  up  the  by  Superintendent  of  Streets,  and  placed 
in  a  pen  or  pound,  to  be  provided  by  the  city.  The  Superintendent 
of  Streets  shall  receive  the  sum  of  one  dollar  for  each  animal 
impounded  by  him  under  this  section,  and  seventy-five  cents  per  day 
for  feeding  and  watering  the  same,  (provided  he  shall  only  receive 
fifty  cents  for  impounding  each  hog,  pig  or  shoat,  and  fifty  cents 
per  day  for  feeding  and  watering  each)  ;  such  costs  for  taking  up 
and  impounding  and  feeding  shall  be  paid  by  the  owner. 

Sec.  2.  Whenever  any  animal  named  in  Section  one  is  im¬ 
pounded,  the  Superintendent  of  Streets  shall  at  once  make  com¬ 
plaint  to  the  Police  Magistrate  or  a  justice  of  the  peace,  and  apply 
for  proceedings  to  adjudge  against  the  owner  the  penalty  incurred, 
stating  the  name  of  the  owner,  if  known  to  him,  and  the  number 
and  kind  of  animals  ;  if  the  owner  is  not  known,  then  giving  a  de¬ 
scription  of  the  animals.  * 

Sec.  3.  The  magistrate  shall  thereupon  issue  a  notice  in  writing 
to  the  owner  of  such  animal,  stating  the  fact  of  impounding,  and 
fixing  therein  a  time,  not  exceeding  ten  days,  when  said  complaint 
will  be  heard,  which  notice  shall  be  served  not  less  than  five  days 
before  the  time  of  hearing  the  complaint ;  in  case  the  owner  is  not 
known,  then  the  notice  shall  describe  the  animal  and  be  posted  up, 
by  the  Superintendent  of  Streets,  in  five  public  places  in  the  city, 
for  five  days  before  the  time  of  hearing. 

Sec.  4.  It  shall  be  the  duty  of  the  Superintendent  of  Streets  to  at¬ 
tend  at  the  hearing  as  aforesaid  and  present  the  facts  in  the  case  ;  the 
cause  shall  be  conducted  as  other  causes  are  conducted  by  the  magis¬ 
trate.  If  the  owner  is  found  guilty,  the  magistrate  shall  enter  judg¬ 
ment  against  him  for  the  penalty  and  costs,  and  shall  also  enter  an 
order  directing  the  Superintendent  of  Streets  to  sell  the  property  to 
make  the  fine  and  costs  ;  the  sale  of  any  animal  distrained  or  im¬ 
pounded  under  this  ordinance  shall  be  conducted  as  near  as  may  be 
according  to  the  State  law  relating  to  property  sold  by  constables 
under  execution.  The  Superintendent  of  Streets  shall  pay  to  the  City 
Treasurer  the  net  proceeds  of  such  sales.  The  owner  of  any  animal 
sold  may  redeem  the  same  from  the  purchaser  at  any  time  within  three 


CITY  OF  BUNKER  HILL.  77 

months,  by  paying  the  purchase  money,  with  ten  per  cent,  interest 
and  the  costs  and  expenses  of  keeping  the  same. 

Sec.  5.  If  the  owner  of  any  animal  impounded  shall  at  any 
time  before  the  sale  establish  his  claim  to  such  animal,  by  proof,  and 
pay  all  costs  that  may  have  accrued  against  him,  he  may  remove  or 
take  away  the  same. 

Sec.  6.  If  any  person  or  persons  shall  take  out  or  remove  any 
animal  from  said  pound  when  the  same  is  impounded,  or  shall  open, 
tear  down,  injure  or  destroy  said  pound,  either  when  any  animal  is 
impounded  or  not,  such  person  or  persons  so  offending  shall  forfeit 
and  pay  the  sum  of  not  less  than  ten  dollars,  and  for  all  damage 
done  to  said  pound. 

Passed  May  12 ,  i8yj.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


ORDINANCE  RELATING  TO  GRADE  OF  STREETS. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  the  grade  of  the  street  in  front  of  or  along  the  within- 
named  lots  of  the  City  of  Bunker  Hill,  be  and  the  same  is  hereby 
established,  as  follows,  viz  :  The  point  of  beginning  shall  be  2 
inches  above  the  top  of  the  water  table  upon  the  N.  E.  corner  of  the 
building  situated  upon  the  N.  E.  corner  of  Lot  No.  1^6,  which  point 
of  beginning  is  also  on  a  level  with  a  point  33  inches  below  the  top 
of  the  water  table  at  the  N.  W.  corner  of  Huggins’  building,  on  the 
opposite  side  of  the  street.  The  N.  W.  corner  of  Lot  No.  129  and 
the  N.  W.  corner  of  Lot  No.  108  shall  be  level  with  the  beginning 
point;  the  N.  E.  corner  of  Lot  158  and  the  N.  W.  corner  of  Lot 
127,  26  inches  below  the  beginning  point;  the  N.  E.  corner  of  Lot 
162  and  the  N.  W.  corner  of  Lot  123,  76  inches  below  the  beginning 
point ;  the  S.  E.  corner  of  Lot  159  and  the  S.  W.  corner  of  Lot  126, 
36  inches  below  the  beginning  point;  the  S.  E.  corner  of  Lot  1^5 
and  the  S.  W.  corner  of  Lot  130,  28  inches  below  the  beginning 
point;  the  N.  E.  corner  of  Lot  154,  and  the  N.  W.  corner  of  Lot 
131,  41  inches  below  the  beginning  point;  the  S.  E.  corner  of  Lot 
15 1  and  the  S.  W.  corner  of  Lot  134,  88  inches  below  the  beginning 
point ;  the  S.  W.  corner  of  Lot  155,  36  inches  below  the  beginning 
point;  the  S.  E.  corner  of  Lot  178,  41  inches  below  the  beginning 
point;  the  S.  W,  corner  of  Lot  178,  116  inches  below  beginning 

point;  the  N.  W.  corner  of  Lot  154,  46  inches  below  beginning 

10 


78 


CITY  OF  BUNKER  HILL. 

point ;  the  N.  E.  corner  of  Lot  179,  51  inches  below  beginning  point ; 
the  N.  W.  corner  of  Lot  179,  1 12  inches  below  beginning  point ;  the 
S.  E.  corner  of  Lot  130  and  the  S.  W.  corner  of  Lot  107,  45  inches 
below  beginning  point;  the  S.  E.  corner  of  Lot  107  and  N.  E.  cor¬ 
ner  of  Lot  106,  70  inches  below  beginning  point ;  the  N.  E.  corner 
of  Lot  131  and  the  N.  W.  corner  of  Lot  106,  49  inches  below  be¬ 
ginning  point;  the  N.  E.  corner  of  Lot  127  and  the  N.  W.  corner 
of  Lot  no,  24  inches  below  beginning  point;  the  N.  E.  corner  of 
Lot  no,  46  inches  below  beginning  point;  the  S.  E.  corner  of  Lot 
126  and  the  S.  W.  corner  of  Lot  in,  30  inches  below  beginning 
point ;  the  S.  E.  corner  of  Lot  in,  52  inches  below  beginning  point ; 
the  N.'W.  corner  of  Lot  158,  72  inches  below  beginning  point;  the 
N.  E.  corner  of  lot  175,  84  inches  below  beginning  point ;  the  S.  W. 
corner  of  Lot  139,  78  inches  below  beginning  point ;  the  S.  E.  corner 
of  Lot  174,  90  inches  below  beginning  point;  the  N.  E.  corner  of 
Lot  177,  51  inches  below  beginning  point ;  the  S.  W.  corner  of  Lot 
174  and  the  N.  W.  corner  of  Lot  175,  124  inches  below  the  begin- 
ing  point. 

Sec.  2.  That  the  outside  of  the  curbstone,  along  any  of  the  lots 
named  in  Section  one,  situated  on  Warren  or  Washington  streets, 
shall  be  set  10  feet  from  the  line  of  said  lots,  and  on  Fayette  street 
8  feet  from  the  line  ;  the  top  of  the  curbstone  along  any  of  the  fore¬ 
going  lots  shall  be  level  with  the  grade  of  the  street  in  front  of 
such  lots. 

Passed  May  17,  1873.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  FEES  AND  SALARIES. 

Section  i  .  Be  it  ordained  by  the  City  Council  of  the  City  of  Bun¬ 
ker  Hill ,  That  the  City  Attorney  shall  receive  such  sums  for  ser¬ 
vices  performed  at  the  request  of  the  City  Council,  as  shall  be  reas¬ 
onable.  He  shall  also  receive  a  fee  of  five  dollars  on  all  judgments 
in  favor  of  the  city  of  ten  dollars  and  over,  and  a  fee  of  two  dollars 
and  fifty  cents  on  all  judgments  in  favor  of  the  city  under  ten  dollars, 
recovered  before  the  Police  Magistrate  or  any  justice  of  the  peace  in 
said  city,  which  said  sum  shall  be  taxed  against  the  defendant  as 
costs,  to  be  recovered  against  him.  Provided ,  That  said  attorney 
shall  not  be  entitled  to  said  fee  unless  the  same  is  collected  from  the 
defendant. 


CITY  OF  BUNKER  HILL. 


79 


The  City  Clerk  shall  receive  fifty  dollars  per  annum,  to  be  paid 
out  of  the  treasury  of  said  city  ;  also,  for  issuing  each  license,  fifty 
cents  ;  for  taking  bond  of  any  person,  one  dollar.  For  making  cer¬ 
tificate  when  required,  and  affixing  the  seal  of  said  city  thereto,  one 
dollar  ;  for  making  and  certifying  copies  of  any  ordinances,  resolu¬ 
tions,  or  other  matter  of  record  in  his  office,  twenty  cents  for  every 
hundred  words  ;  for  attaching  seal  thereto,  fifty  cents.  Provided , 
he  shall  not  be  entitled  to  any  of  said  fees  when  the  service  is  done 
at  the  request  of,  and  for  the  benefit  of  said  city. 

The  City  Treasurer  shall  receive  for  his  services  one  per  centum 
on  all  moneys  received  by  him  by  virtue  of  his  said  office.  Provided , 
no  commissions  shall  be  paid  him  on  any  money  remaining  in  his 
hands  at  the  expiration  of  his  term  of  office. 

The  Police  Magistrate  and  City  Marshal  shall  receive  the  same 
fees  as  are  allowed  to  justices  of  the  peace  and  constables  under  the 
laws  of  this  State  for  like  services.  Provided ,  that  in  all  criminal 
cases  under  the  ordinances,  when  the  defendant  is  discharged  with¬ 
out  costs,  no  fees  shall  be  paid  to  said  Justice  or  City  Marshal. 

The  Superintendent  of  Streets  shall  receive  one  dollar  and  fifty 
cents  per  day  for  each  day  actually  employed  in  laboring  or  super¬ 
intending  the  labor  on  the  streets,  alleys  or  roads  in  said  city,  and 
notifying  hands  to  labor.  For  removing  each  dead  horse,  mule,  cow 
or  ox  out  of  the  limits  of  the  city,  one  dollar.  For  removing  any 
other  dead  animal  out  of  said  limits,  fifty  cents. 

The  Judges  and  Clerks  of  Elections  shall  receive  the  same  com¬ 
pensation  allowed  Judges  and  Clerks  under  the  State  Law,  and 
making  returns  of  the  same. 

Policemen  shall  receive  two  dollars  per  day  when  employed. 

Each  juror  and  witness  impanneled  or  sworn  in  any  trial  under 
the  ordinances  of  said  city,  shall  be  entitled  to  the  same  fees  as  are 
allowed  for  similar  services  by  the  laws  of  this  State. 

The  Calaboose  Keeper  shall  receive  the  sum  of  one  dollar  for  each 
person  confined  in  the  city  calaboose,  and  one  dollar  per  day  for 
caring  for  and  boarding  each  person  confined. 

Passed  May  12,  1873.  Approved. 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  SUITS  AND  PROCESS. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bunker 
Hill :  That  it  shall  be  the  duty  of  all  the  officers  of  the  city,  when 


80 


CITY  OF  BUNKER  HILL. 

they  are  informed  of  the  violation  of  any  ordinance,  to  give  notice 
thereof  to  the  City  Attorney,  together  with  the  name  of  the  offender 
and  of  the  witnesses,  when  known,  and  it  shall  be  the  duty  of  said 
City  Attorney  whenever  he  is  informed  of  the  violation  of  any  ordi¬ 
nance,  by  any  person,  to  investigate  the  circumstances  of  the  case, 
and  if,  in  his  opinion,  the  public  good  demand  it,  to  commence  im¬ 
mediate  proceedings  for  the  recovery  of  the  penalties. 

Sec.  2.  Whenever  the  City  Attorney  or  City  Marshal  shall  make 
affidavit,  or  shall  file  the  affidavit  of  any  credible  person,  that  any 
person  or  persons  have  violated  any  ordinance  of  said  city,  setting 
forth  the  material  facts  of  which  such  violation  consists,  it  shall  be 
the  duty  of  the  Police  Magistrate  or  Justice  of  the  Peace,  as  the 
case  may  be,  to  issue  his  warrant,  in  the  following  form,  as  near  as 
may  be  : 

STATE  OF  ILLINOIS,  I 

Macoupin  County,  j  ' 

The  people  of  the  State  of  Illinois ,  to  the  City  Marshal  of  the  City  of  Bunker 

Hill ,  or  any  Constable  of  said  county ,  greeting : 

You  are  hereby  commanded  to  take  the  body  of  -  and  bring  Him  forth¬ 

with  before  me,  at  mv  office  in  Bunker  Hill,  to  answer  to  the  City  of  Bunker 
Hill  in  a  certain  action  of  debt,  for  the  violation  of  an  ordinance  of  said  city  in 

relation  to  -  demand  not  exceeding  two  hundred  dollars,  and  hereof  make 

return  to  me  as  the  law  directs. 

Given  under  my  hand  and  seal  this - day - ,  A.  D.,  18 - . 

- P.  M.,  [L.  S.] 

Sec.  3.  It  shall  be  the  duty  of  the  officer  to  whose  hands  such 
warrant  may  come,  to  arrest  the  person  named  therein  and  bring 
him  forthwith  before  the  officer  issuing  the  same,  and  it  shall  be  the 
duty  of  the  Police  Magistrate  or  other  officer  before  whom  such 
person  may  be  brought  in  pursuance  of  such  writ,  to  proceed  imme¬ 
diately  to  the  trial  of  the  case,  and  unless  for  good  cause  shown,  the 
same  may  be  continued.  Provided ,  the  said  Police  Magistrate  may 
postpone  the  trial  of  said  cause  for  such  reasonable  time  as  he  may 
think  proper,  not  exceeding  three  days,  if  in  his  opinion  the  ends  of 
justice  demand  it,  and  may,  by  his  written  order,  authorize  the  de¬ 
tention  of  the  defendant  in  custody,  to  answer  said  charge. 

Sec.  4.  Process  issued  as  provided  in  second  section,  shall  be 
sufficient  to  authorize  the  immediate  arrest  of  the  defendant  therein 
named,  his  immediate  trial  or  his  detention  for  trial  and  judgment 
upon  the  facts  for  any  penalty  imposed  by  the  ordinances. 

Sec.  5.  Whenever  judgment  shall  be  rendered  in  favor  of  the 
city,  against  any  person,  under  proceedings  commenced  by  the  city, 
as  prescribed  in  section  second,  the  Police  Magistrate,  or  officer  ren- 


CITY  OF  BUNKER  HILL. 


81 


dering  the  same,  shall  immediately  issue  an  execution  thereon  for 
the  judgment  and  costs,  in  the  following  form,  as  near  as  may  be  : 

STATE  OF  ILLINOIS,  1 

Macoupin  County,  j  ' 

The  -people  of  the  State  of  Illinois ,  to  the  City  Marshal  of  the  City  of  Bunker 

Hill,  or  to  any  Constable  of  said  county,  greeting  : 

We  command  you  of  the  goods  and  chattels  of  - ,  to  be  found  in  Macou¬ 
pin  county,  to  make  the  sum  of - dollars,  debt  and - costs,  with  lawful  inter¬ 
est  thereon,  from  the - day  of - ,  A.  D.,  18 - ,  until  paid,  which  the 

City  of  iiunker  Hill  lately  recovered  before  me,  and  against  the  said - as 

appears  to  me  from  my  docket.  And  in  case  you  are  not  able  to  find  sufficient 
property  of  said  defendant  to  make  ihe  debt,  interest  and  costs,  as  aforesaid,  and 
said  defendant  shall  fail  or  refuse  to  pay  the  same  when  you  demand  payment 

thereof,  you  are  commanded  to  take  the  body  of  the  said - and  deliver  him  to 

the  keeper  of  the  city  calaboose.  And  we  command  you,  the  said  keeper  of  the 

city  calaboose,  to  receive  the  body  of  him,  the  said - ,  and  him  safely  keep 

in  the  calaboose  of  said  city  until  he  pay  the  debt,  interest  and  costs  as  aforesaid, 
or  shall  be  otherwise  discharged  in  due  course  of  law,  and  hereof  make  due  re¬ 
turn  to  me  within  seventy  days  from  this  date. 

Given  under  my  hand  and  seal,  this - day  of - ,  A.  D.,  18 - . 

- ,  P.  M.,  [L.  S.] 

Sec.  6.  Process  issued  in  the  manner  prescribed  by  the  last 
foregoing  section,  shall  be  sufficient  and  effectual  to  authorize  the 
City  Marshal,  or  other  officer  in  whose  hands  the  same  may  come, 
to  demand  the  immediate  payment  of  the  sums  of  money  therein 
named,  and  an  immediate  levy  upon  and  sale  of  the  property  of  the 
defendant  therein  named,  as  in  other  cases  made  and  provided  for  the 
sale  of  property  under  execution  for  the  satisfaction  thereof,  and  the 
arrest  of  the  defendant ;  and  also  shall  be  sufficient  authority  to,  and  it 
is  hereby  made  the  duty  of  the  Keeper  of  the  Calaboose  named  therein, 
to  receive  the  body  of  the  said  defendant,  and  him  safely  keep  until  he 
shall  pay  the  debt,  interest  and  costs  named  therein,  or  shall  be  other¬ 
wise  lawfully  discharged.  The  said  Keeper  of  the  Calaboose  shall  de¬ 
liver  said  defendant  to  the  custody  of  the  Superintendent  of  Streets, 
on  demand  of  said  Superintendent  of  Streets,  who  shall  keep  and 
detain  such  defendant  until  said  defendant  shall  discharge  himself  of 
the  debt,  interest  and  costs,  by  labor  on  the  streets,  alleys,  etc.,  of 
the  city  of  Bunker  Hill,  at  the  rate  of  two  dollars  for  each  ten  hours’ 
work  ;  and  in  case  said  defendant  shall  refuse  or  neglect  to  work 
diligently,  then  the  Superintendent  of  Streets  may  return  said  defend¬ 
ant  to  the  Calaboose  Keeper  aforesaid,  and  the  said  Superintendent 
of  Streets  may,  at  any  time,  when  the  said  defendant  is  not  at  work, 
return  said  defendant  into  the  custody  of  said  Calaboose  Keeper  for 
safe  keeping,  and  when  so  returned  he  shall  be  allowed  the  sum  of 


82 


CITY  OF  BUNKER  HILL. 


one  dollar  per  day  for  each  day  confined  :  Provided ,  No  imprison¬ 
ment  under  this  section  shall  exceed  six  months  for  any  one  offense. 

Sec.  7.  Suits  may  be  commenced  and  prosecuted  for  the  recov¬ 
ery  of  any  penalty  provided  by  any  ordinance  of  said  city  by  the 
issuance  of  a  summons  in  the  following  form,  as  near  as  may  be  : 

STATE  OF  ILLINOIS,  1 

Macoupin  County.  J 

The  people  of  the  State  of  Illinois  to  the  City  Marshal  of  the  City  of  Bunker 

Hill ,  or  any  Constable  of  sai‘1  county ,  greeting  : 

You  are  hereby  commanded  to  summon  - to  appear  before  me  at  my 

office  in  Bunker  Hill,  on  the - day  of - ,  A.  D.,  18—,  at - o’clock, 

to  answer  the  complaint  of  the  City  of  Bunker  Hill,  in  a  certain  action  of  debt, 

for  the  violation  of  section - of  chapter - of  ordinances  of  said  city - 

demand  not  to  exceed  two  hundred  dollars,  and  hereof  make  due  return  as  the 
law  directs. 

Given  under  my  hand  and  seal,  this - day  of - ,  A.  D.  18 — . 

- ,  P.  M.  [L,  S.] 

And  all  subsequent  proceedings  under  this  section  shall  be  the 
same  as  now  had  before  a  justice  of  the  peace  in  civil  cases. 

Sec.  8.  Appeals  may  be  taken  to  the  County  or  Circuit  Court 
of  Macoupin  county,  within  twenty  days  after  such  judgment  is 
rendered,  in  the  same  way  as  under  the  laws  of  this  State.  i\ll 
appeal  bonds  executed  by  any  defendant  under  the  provisions  of  this 
section,  shall  be  in  a  sum  at  least  double  the  amount  of  such  judg¬ 
ment,  for  fine  and  costs,  payable  to  the  City  of  Bunker  Hill,  and 
shall  be  approved  by  the  magistrate  who  rendered  the  judgment 
appealed  from. 

Sec.  9.  In  all  cases  under  this  ordinance  either  party  may  have 
the  cause  tried  by  a  jury,  if  he  shall  so  demand,  before  the  trial  is 
entered  upon,  and  will  first  pay  the  fees  of  the  jury. 

Passed  May  12 ,  i8yj.  Approved . 

J.  F.  CUMMINGS,  Mayor. 


AN  ORDINANCE  RELATING  TO  MEETINGS  AND 

ORDINANCES. 

Section  i.  Be  it  ordained  by  the  City  Council  of  the  City  of  Bmiker 
Hill:  That  the  City  Council  shall  meet  for  the  transaction  of  busi¬ 
ness  on  the  first  Monday  in  each  month,  from  the  first  day  of  March 
until  the  first  day  of  September  in  each  year,  at  half  past  seven 
o’clock  in  the  afternoon,  and  for  the  remainder  of  the  year  at  seven 
o’clock  in  the  afternoon,  and  may  adjourn  from  time  to  time  as  they 
may  think  proper. 


83 


CITY  OF  BUNKER  HILL. 

Sec.  2.  The  repeal  of  any  ordinance  by  these  ordinances  shall 
not  affect  any  act  done  or  right  accrued  or  established  in  any  pro¬ 
ceeding,  action,  suit  or  prosecution,  or  other  thing  had  or  com¬ 
menced  previous  to  the  time  when  such  repeal  shall  take  effect ; 
but  every  such  act,  right  and  proceeding  shall  remain  and  continue 
as  valid  and  effectual  as  if  the  provisions  of  any  such  ordinance  had 
remained  in. force. 

Sec.  3.  No  offense  committed,  and  no  fine,  forfeiture  or  penalty 
incurred  previous  to  the  time  when  the  provisions  of  any  ordinance 
shall  be  repealed,  shall  be  affected,  released  or  in  any  way  dis¬ 
charged  by  such  repeal  ;  but  the  trial,  conviction  and  punishment  of 
all  such  offenses  and  the  recovery  of  such  fines,  forfeitures  and  pen¬ 
alties,  shall  be  had  in  all  respects  as  if  such  provision  had  remained 
in  force. 

Sec.  4.  No  action,  prosecution,  suit  or  proceeding  pending  at 
the  time  any  ordinance  or  part  of  any  ordinance  shall  be  repealed, 
shall  be  affected  in  any  way  by  such  repeal ;  but  any  such  action, 
prosecution,  suit  or  proceeding,  shall  proceed  in  all  respects  as  if 
such  ordinance  had  not  been  repealed. 

Sec.  s*  Whenever  in  any  ordinance  words  importing  the  plural 
number  are  used,  in  describing  or  referring  to  any  matter,  parties 
or  persons,  any  single  matter,  party  or  persons  shall  be  deemed 
to  be  included,  although  distributive  words  to  that  effect  may  not 
be  used. 

Sec.  6.  When  any  subject,  matter,  party  or  person  is  described 
or  referred  to  in  any  ordinance,  by  words  importing  the  singular 
number,  or  the  masculine  gender,  several  matters,  and  persons  and 
females,  as  well  as  males,  and  bodies  corporate,  as  well  as  individ¬ 
uals,  shall  be  deemed  to  be  included. 

Sec.  7.  Upon  the  taking  effect  of  the  foregoing  ordinances,  all 
ordinances  or  parts  of  ordinances  inconsistent  therewith  shall  be 
and  are  hereby  repealed. 

Passed  May  12 ,  i8jj.  Approved. 

J.  F.  CUMMINGS,  Mayor . 


STATE  OF  ILLINOIS,  \ 

Macoupin  County.  J  ss* 

I,  S  N.  Sanford,  Clerk  of  the  City  of  Bunker  Hill,  Illinois,  do  hereby  certify 
that  the  foregoing  is  a  true  copy  of  the  ordinances  of  the  City  of  Bunker  Hill. 

Griven  under  my  hand  and  the  seal  of  the  City  of  Bunker  Hill,  this  ‘21st  day  of 
May,  1873. 


S.  N.  SANFORD,  City  Clerk. 


K 


* 

, 

■ 

' 


I 


Index  to  Ordinances. 


Section.  Page. 

Publication . . . . .  52 


Boundaries .  1  53 

Elections  : 

Where  held .  1  53 

Time  to  open  and  close .  1  53 

Cumulate  vote  for  Aldermen .  1  53 

Police  Magistrate .  2  53 

Officers  : 

To  give  bonds... .  1  53 

Amount  of  bonds .  1  54 

City  Attorney .  2  54 

Police  Magistrate,  duties  of. .  3  54 

City  Marshal,  duties  of. .  4  54 

Superintendent  of  Streets,  duties  of. .  5  54 

Road  Labor : 

Who  to  labor .  1  55 

May  pay  in  money .  1  55 

To  be  notified  by .  1  55 

Penalty  for  refusing  to  labor .  1  55 

Penalty  for  refusing  to  obey  orders .  1  56 

Council  exempt .  1  66 

Outside  city .  2  66 

Commissioner’s  consent .  2  56 

Fire  Limit  : 

Describing  boundaries .  1  56 

Building  materials,  regulating  same .  2  66 

Lintels  and  plate  pieces  to  be  protected .  2  56 

Wooden  building .  3  56 

Restrictions  for  repairing  same .  3  57 

Damages  to  be  appraised .  4  57 

Mode  of  chosing  appraisers .  4  57 

11 


86 


INDEX. 


Decision  to  be  final . 

Buildings  to  be  declared  nuisances.... 

Mode  of  abatement . ,. 

Straw,  hay,  prohibited . 

To  be  removed . 

Nuisances  : 

Offensive  premises . 

To  be  abated . 

Offensive  liquid . ‘. . 

On  any  street . 

To  be  abated . 

Dead  animals . 

To  be  removed . 

Nuisances  on  streets . 

To  be  removed. . . 

Chimneys,  flues,  etc. ;  ^regulate  same 

Shows : 

To  obtain  license . . 

Concerts  and  lectures  free . 

Penalty  for  violation . 

Peddlers  and  Auctioneers  : 

To  obtain  license . 

Penalty  for  selling  without  license . 

Who  are  peddlers . 

Groceries  and  Billiard  Rooms: 

Selling  liquor  without  license . 

Penalty  for . 

License  may  be  granted . . . 

Selling  to  minors,  etc . 

Bonds  required . . 

To  sell  in  one  place  only . 

Selling  or  giving  to  minors . 

License  to  describe  house . . . 

License  not  transferable . 

Drugged  liquors  prohibited . 

Violations  of  the  Sabbath  . 

Proof  of  minor  being  intoxicated . 

Time  to  close . 

Druggist  to  sell . 

Penalty  fer  selling  illegally . 

Bonds  of  druggist.- . 

Keeping  billiard  tables,  etc . 

To  obtain  license . 

License  may  be  had . 

Place  to  be  named . 

Pigeon  hole  table  license . 

Ten  pin  alleys . . . 

Licenses,  when  forfeited . 


ction. 

Page. 

4 

57 

6 

57 

6 

57. 

6 

57 

G 

57 

1 

58 

1 

58 

2 

58 

9 

58 

9 

*4 

58 

3 

68 

3 

58 

4 

58 

4 

58 

5 

59 

1 

59 

i 

59 

9 

59 

3 

60 

3 

60 

4 

60 

1 

60 

1 

61 

2 

61 

2 

61 

2 

61 

3 

61 

4 

61 

5 

62 

5 

62 

G 

62 

7 

62 

8 

62 

9 

62 

10 

62 

10 

63 

10 

63 

11 

63 

11 

63 

12 

63 

12 

63 

13 

63 

13 

63 

14 

63 

INDEX. 


Misdemeanors  : 

Unlawful  assembly . 

Assault,  p.enalty  for . . . . . . 

Disorderly  conduct . 

Disorder^  assembly  on  premises . 

Abetting  any  unlawful  act . 

Disturbance  of  religious  worship . 

Disturbance  on  the  Sabbath  day . 

False  alarm . . 

Intoxicated . 

Exposure  of  person . 

Exhibiting  or  selling  obscene  books . 

Cutting  or  marking  obscene  words . 

Exhibition  of  animals . 

Vagrants . . . ,.. 

Groceries  or  billiard  room  open  on  Sunday 

Injury  of  public  or  private  property.. . 

Fastening  animals  to  trees . ....?. . 

Posting  bills  on  building . 

Fast  driving . 

Animals,  leaving  unfastened . ,, . 

Discharging  fire  arms .  . 

Bonfire . 

Cellars,  leaving  open . 

Excavation,  leaving  open . 

Selling  diseased  animals,  etc . . 

Resist  or  obstruct  any  officer . 

Rescue  any  prisoner . 

To  aid  and  assist  officers . . 

Obstructions  on  streets  and  sidewalks . 

Excavations  on  streets . 

Corner  stones . 

Rubbish,  dirt,  etc.,  on  streets  or  sidewalks.. 

Animals  running  at  large  prohibited . 

Tearing  down  notices . 

Obstructing  street  by  cars,  teams,  etc . 

Stud  or  jack,  hitching  of. . 

Weapons,  deadly  or  dangerous . 

Betting  or  playing  for  money.. . 

Sidewalks,  riding  on  or  over . . 

Groceries  to  be  closed  election  days . 

Dogs  : 

Running  at  large . 

To  be  registered  annually . 

Hydrophobia,  danger  of . 

May  destroy . 

Bitch  in  heat .  . 

Fees  of  City  Marshal... . 

Number  of  dogs  to  be  reported . 

Destroying  registered  dogs . 

Dangerous  dogs  at  large . 


87 

Section. 

Page. 

.  1 

64 

64 

64 

.  4 

64 

.  5 

64 

.  6 

64 

.  7 

64 

65 

65 

.  10 

65 

.  11 

65 

.  12 

65 

.  13 

65 

65 

.  15 

65 

66 

.....  17 

66 

.  18 

66 

.  19 

66 

.....  20 

66 

.  21 

66 

.  21 

66 

.  22 

67 

.  23 

67 

.  24 

67 

.  25 

67 

.....  26 

67 

.  27 

68 

.28  to  32 

68 

.....  33 

69 

...  34 

69 

....  35 

69 

.36,  37 

69 

....  38 

69 

....  39 

69 

.  40 

70 

41,  42 

70 

....  43 

70 

.  44 

70 

....  45 

70 

....  1 

71 

71 

71 

72 

....  5 

72 

..  .  6 

72 

....  7 

72 

....  8 

72 

....  9 

72 

INDEX. 


88 


Police  Department  :  Section. 

Who  shall  constitute .  1 

Police,  how  appointed .  2 

Supervision  over .  8 

City  Marshal,  chief  of. . . .  4 

Powers  and  duties . 5,  6 

Board  op  Health: 

Who  shall  be . 1 

Jurisdiction .  2 

Powers  and  duties . 3  to  7 


Horses,  Cows,  Swine  and  Other  Animals  : 

To  be  impounded . , . 

Complaint  to  be  made . .  . 

Magistrate  to  notify  owner . 

Superintendent  of  Streets,  duty . 

Owner  may  redeem . 

Owner  may  remove  by  paying... . 

Pound,  to  remove  or  destroy . 

Grade  of  Streets: 

Beginning  point... . 

Lots,  No.  and  corners . . 

Curbstones . . 

Fees  and  Salaries: 

City  Attorney,  City  Clerk,  City  Treasurer,  Police  Mag¬ 
istrate,  City  Marshal,  Superintendent  of  Streets, 
Judges  and  Clerks  of  Elections,  Policemen,  Jurors 


and  the  Witnesses,  and  the  Calaboose  Keeper .  1 

Suits  and  Process  : 

City  Attorney  to  be  informed .  1 

Affidavit  to  be  made. .  2 

Warrant,  form  of. .  2 

Person  arrested  to  be  taken . 3 

Immediate  arrest  for  trial .  4 

Execution,  form  of . .  5 

Execution  to  issue  immediately .  5 

Execution  to  be  paid  or  commit . 6 

To  work  for  city .  G 

Refusal  to  work .  6 

Summons  may  issue . 7 

Form  of  summons .  7 

Appeal  to  County  or  Circuit  Court . : .  8 

Jury,  how  paid . 9 

Meetings  and  Ordinances  : 

Time  and  place  of  meeting .  1 

Repeal,  relating  to . 2,  3.  4 

Plural  number  used .  5 

Person  or  persons  referred  to .  6 

Ordinances  repealed .  7 


Page. 

73 

73 

73 

73 

73 


74 

74 

74-5 


7G 

7G 

7G 

7G 

7G 

77 

77 


77 

77 

78 


78-9 


79 

80 
80 
80 
80 
80 
80 
81 
81 
81 
82 
82 
82 
82 


82 

83 

83 

83 


83 


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UNIVERSITY  OF  ILLINOIS-URBANA 
352 . 0773B88O  C001 

THE  ACT  OF  INCORPORATION  AND  ORDINANCES 


